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(영문) 부산지방법원 2018.07.18 2018고단1644

상해

Text

1. The defendant shall be punished by imprisonment with prison labor for eight months;

2.Provided, That the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 25, 2018, the Defendant, at around 04:15, at around 04:4, the Busan Dong-gu, demanded that the Defendant pay overdue benefits from the victim D (28 tax) who had worked as an employee of the main shop operated by the Defendant, and the Defendant would receive the Defendant’s monthly pay.

Whether or not to consider

D. W. L. L. L. W. W. L. L. and W. L.W. L.W. L.W.

In this species, this "Wooh" refers to "Wooh", and the victim's face and head are taken several times, and the victim's left head was flicked, and the victim was flicked, and the victim was flicked with multiple lives that require treatment for about one week, and the victim was flicked with multiple lives that require treatment.

Summary of Evidence

1. Statement by the defendant in court;

2. Statement made by the police against D;

3. A medical certificate of injury;

4. Application of each statute of photography;

1. Relevant Article 257 of the Criminal Act concerning the facts constituting an offense and Article 257 (1) of the Criminal Act concerning the choice of punishment;

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

3. Reasons for sentencing under Article 62-2 of the Criminal Act, including observation of protection and community service order;

1. The scope of applicable sentences under law: Imprisonment for one month to seven years; and

2. Scope of the recommended punishment according to the sentencing criteria;

(a) Determinations of types: violent crime group - general injury - One type (general injury);

B. Special sentencing factors: Minor injury.

(c) Scope of recommending punishment: Imprisonment with prison labor for two months to one year;

3. Criteria for suspension of execution;

(a) Grounds for major factors (i) negative factors: Insignificant injury, for the same previous conviction (a stay of execution not exceeding five years, or a fine not less than three times):

(b) negative factors in general: (a) positive factors that have not been tried to recover from damage on at least two occasions, and that have not been tried to recover from damage; (b) serious reflective factors;

4. In this case, the decision of sentence shall be that the defendant inflicted an injury upon the victim who had worked as an employee at his principal point of view, and the nature and circumstances of the crime are not good.

Due to the criminal act of the defendant, the victim seems to have suffered considerable mental shock and pain in addition to physical damage.

Nevertheless, the Defendant.