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(영문) 부산지방법원 2015.10.27 2015고단3569
상해
Text

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

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 01:10 on May 1, 2015, the Defendant, as a deaf-mute, was boarding a D taxi operated by the Victim C (Nam, 60 years of age) and arrived at 3 east-nam apartment 3 dong-ro 214, 214-gil, Busan, Busan, the destination of which was 01:25 on the same day on the same day, and the Defendant appeared to have been frighted with the victim on the ground that the victim was sickly shaken, and the Defendant was frighted with a fluent hand on the ground that the victim was sickly shaken, and the Defendant was showing that the fluened victim operated the electric shock machine that was driven with credit on his her her her own hummatic.

However, while the defendant getting off the taxi, she gets off the taxi to stop it, and the defendant she went off from the taxi in order to stop it, and the defendant taken twice the face of the victim by drinking, and the victim sees the surrounding area of the damaged taxi, and she took the shoulder of the victim by getting out of the floor.

As a result, the Defendant inflicted injury on the victim, such as the inside and outside heat, the right completion pelvis, etc., which requires approximately seven weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of C;

1. Application of Acts and subordinate statutes to investigative reports (Attachment of On-the-spot Investigation/CCTV photographs/checks);

1. Article 257(1) of the Criminal Act applicable to the crime, the choice of imprisonment;

1. Mitigation of deaf-mutes: Articles 11 and 55 (1) 3 of the Criminal Act;

1. The execution of a sentence under Article 62(1) of the Criminal Act shall be suspended, taking into account the following factors: the reason for sentencing under Article 62(1) of the Criminal Act [the scope of recommending sentence] general injury [the grounds for sentencing under Article 62(1) of the Act on the Suspension of Execution [the scope of recommending] in cases where damage has been restored to the mitigated area (two to one year), deaf and mutes, not subject to punishment (including voluntary mitigation), or considerable part of damage has been restored to the damaged area (including efforts to recover damage), or serious injury (one to four types] / [the decision of sentencing] has disabilities of Grade 2 with hearing impairment to the defendant

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