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(영문) 부산지방법원 서부지원 2018.01.22 2017고단1408
상해
Text

A defendant shall be punished by imprisonment with prison labor for four months.

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

Reasons

Criminal facts

On August 13, 2017, around 04:25, the Defendant dismissed the victim E (son, 35 years of age) from the front line of D main points located in Busan Northern-gu C, Busan, to the person who was dissatisfied with the Defendant within the preceding main points, and “I am about the victim.”

I see I d." The victim's face is cut back in front of the Felel in front of the victim, and the victim's face is cut off five times in drinking by drinking, the victim's name is cut up to the floor, the victim's upper part and the left part are broken up once by the victim's upper part and the left part are broken up to the floor. The victim's head is cut up by the hand.

As a result, the Defendant put the victim into the right side side of the arms with which the number of days of treatment can not be known.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to photographs of the parts of the victim's body;

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 stay of execution (The following favorable circumstances required for the reasons for sentencing);

1. Grounds for sentencing under Article 62-2 (1) and the main sentence of Article 62-2 of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection and Community Service Orders;

1. The scope of punishment by law: Imprisonment for not more than seven years;

2. Class 1 (Special Sentencing) mitigated elements on the basis of the sentencing guidelines: Minor injury (determination of the recommended sphere, scope of the recommended punishment), mitigated area, two months to one year.

3. The Defendant, who had been sentenced to criminal punishment by committing a crime of violence several times in the past, committed the instant crime again even though he/she was sentenced to a suspended sentence of imprisonment due to the crime of injury, etc.

However, the defendant seems to have committed a crime contingently in the state of showing with Si expenses, and the fact that the victim's injury is not relatively heavy shall be considered as favorable circumstances, and this shall be taken into account.

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