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(영문) 부산지방법원 2017.10.24 2017고단4690
상해
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 00:30 on July 2, 2017, the Defendant discovered the victim D(54) in a way that he was under the influence of alcohol on the road in front of the “Csinging-gu, Busan.” Without any specific reason, “Ying-ging-ging-ging-ging-ging-ging-ging-ging-ging-ging-ging-ging-ging-ging-ging-ging-ging-ging-ging-ging-ging-ging-ging-ging-ging-ging-ging-ging-ging-ging-ging-ging-ging-ging-ging-ging-ging-ging-ging-ging-ging-ging-ging

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or E;

1. Application of Acts and subordinate statutes of a medical certificate;

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

1. In addition, even though there was a history of multiple criminal punishment due to violent crimes on the grounds of sentencing under Article 62(1)(hereinafter referred to as the following favorable circumstances) of the Act on the Suspension of Execution, the punishment as set forth in the Disposition is to be determined by comprehensively taking account of the following factors: (a) the fact that the crime of this case was committed, despite the fact that the responsibility for the commission of the crime of this case is not somewhat weak; (b) the victim and the victim do not want the punishment by agreement; (c) there was no other record of criminal punishment after being sentenced to a fine in 2009; (d) the Defendant’s age, sex behavior, environment

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