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(영문) 부산지방법원 2017.05.12 2016고단8169
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 5, 2016, the Defendant, at around 08:40 on December 5, 2016, filed a dispute with the victim E (64 tax) in the process of moving materials at D Construction Site located in Busan, Busan, the Defendant brought about the victim’s breathal care (around 4 weeks of need to be treated) by cutting down the victim’s breathal with his hand and continuously cutting down the victim’s breaths.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement protocol with respect to E;

1. Application of each statute to the complaint, written diagnosis of injury, and each photograph;

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

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

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Social Service Order and the reason for sentencing [the scope of recommendation] under Article 62-2 of the Social Service Order Act / [the scope of recommendation] general injury [the range of punishment] under Article 51 of the Criminal Code, such as the injury (1 and 4 type) serious (6 months to 2 years): the applicable sentencing range and the recommended sentencing range: six months to 2 years [the sentence decision] according to the sentencing guidelines, the victim wanted to be punished by the defendant; the defendant later led to his confession; the defendant was later aged than 70 years old; the defendant had many previous criminal records of the same kind, but the most recent criminal records of the same kind are prior to 20 years, etc.

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