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(영문) 부산지방법원 2017.05.11 2016고단7208

상해

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 24, 2016, the Defendant: (a) around 15:20 on October 24, 2016, when the victim C (the 49-year-old age) was travelling along the way in front of the B building in Busan Dong-gu B building, Busan, and (b) took the victim’s face, etc. on drinking, etc. without any special reason, and went through the victim’s body, etc. on several occasions, and caused the victim to inflict an injury, such as influoring, etc., on the part of the number of days of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement protocol of the police;

1. Application of Acts and subordinate statutes on investigation reporting;

1. Article 257 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act [the scope of recommended punishment] General Injury (the scope of recommended punishment] [No person subject to special sentencing] of the basic area (4 months to 1 year and 6 months] of the Social Service Order 1 [Judgment of sentence] / Although violent crime records have been several times, it seems that the defendant did not make a serious effort to recover damage even if he/she did not inflict injury on the victim who is female, with special reasons.

It is favorable that the defendant seems to have an attitude to recognize and reflect the facts of crime.

In addition, in full view of the circumstances that are conditions for sentencing prescribed in Article 51 of the Criminal Act, such as the background, means and methods of the crime of this case, the circumstances after the crime, the age of the defendant, sexual conduct and environment, etc., and the records and arguments of this case, the punishment as ordered shall be determined.