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(영문) 부산지방법원 2016.02.05 2015고합324
중상해
Text

A defendant shall be punished by imprisonment for one year.

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

Punishment of the crime

On March 10, 2015, from around 04:00 to around 05:00 of the same day, the Defendant heard the phrase “the victim E (son, 31 years of age) and drinking at a middle school in front of the Busan BY-gu, Busan, the Defendant sustained the victim’s face at the head of the victim, she suffers from the victim’s injury, she suffers from the victim’s side and she suffers from the victim’s side, and she suffers from the victim’s injury to the victim under his/her real name (it is impossible to recognize the luminous angle) under the inner routture and artificially modified body condition attached to the state of the victim’s escape.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Each police investigation report (including attachment of a doctor's opinion, whether a serious injury has been inflicted, submission of a medical certificate of injury to a complainant, and questioning related to the medical certificate of injury to a department inside the human university);

1. A medical certificate or an injury medical certificate;

1. Application of the Acts and subordinate statutes to the complaint;

1. Article 258 (2) and (1) of the Criminal Act relating to the facts constituting an offense;

1. The main sentence of Article 62(1) of the Criminal Act (hereinafter “reasons for sentencing”), which is favorable to the defendant, shall be considered as follows.

1. Reasons for sentencing under Article 62-2 (1) of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection, etc. of Social Service Order;

1. The scope of applicable sentences by law: Imprisonment for one year to ten years; and

2. The scope of the recommended sentence according to the sentencing guidelines [the types of decisions] the scope of the recommended sentence [the scope of the punishment [the person subject to special sentencing] types 2 (the person subject to special sentencing] [the scope of the recommended sentence] [the scope of the punishment that has been corrected] imprisonment with prison labor for six months from six months to one year [ the scope of the revised sentence] imprisonment for one year from one year to six months (the minimum limit of the legal applicable sentence] - The major reasons for the suspension of execution are whether the punishment is not permissible (affirmative)

3. Determination of sentence: A sentence of imprisonment with prison labor for a year and for a year of probation and for a community service of 160 hours shall be imposed on the defendant's head by taking the victim's face, and the defendant, due to its appearance, inflicted an injury on the victim in his/her real name (defluence of the victim's appearance and leg), and shall be imposed on the victim.

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