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(영문) 부산지방법원 2019.10.01 2019고단3395
상해등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On June 12, 2019, at around 02:55, the Defendant: (a) while drinking alcohol at the main point of operation of the Victim C (Y, 43 years of age) in Busan Jung-gu, Busan, the Defendant: (b) tried to go out of the main point without paying the drinking value; (c) when the said victim demanded the payment of the drinking value, the Defendant attached the Defendant on his own hand; (d) sent the victim to the main wall while putting the victim into the main part of the said victim’s timber; (c) plick up one stop of the part of the victim’s left part; and (d) took one time a part of the victim D (Y, 31 years of age) who is an employee of the said main point at which the Defendant was said, on his own hand.

As a result, the Defendant inflicted an injury on the victim C, such as cutting a frame of 4-day balance of the left 43 days of medical treatment, and assaulted the victim D.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of C and D;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Relevant Article 257(1) of the Criminal Act, Article 257(1) of the Criminal Act, Article 260(1) of the Criminal Act, and the choice of imprisonment for a crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of recommended sentences according to the sentencing criteria;

(a) Class 1 crime (influence of types) and violence crime: General injury [Type 1] and general injury (special person for special appearance] mitigated elements: Reduction area of punishment (the recommendation area and recommendation range) mitigated area, imprisonment with prison labor for two months to October;

(b) Second crimes (decision of types of violence) (decision of types of violence) and violence crimes [Class 1] and there is no general violence [specific person] [the scope of recommendation field and recommendation range] basic area, imprisonment with prison labor for two months to October;

(c) Scope of recommendations according to the standards for handling multiple crimes: Imprisonment for two months to one year (the upper limit of crimes No. 2) for two months;

2. It shall be so decided as per Disposition in full view of the facts agreed with the victim C who has been sentenced to the sentence, the fact that there is no history of criminal punishment exceeding the fine, and the motive, circumstance, degree of damage, etc. of the crime;

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