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(영문) 부산지방법원 2020.02.05 2019고단5786
상해등
Text

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

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

(e).

Reasons

Punishment of the crime

On September 27, 2019, the Defendant: (a) around 14:55 on September 27, 2019, around the “C” located in the Dongdong-gu, Busan; (b) while under the influence of alcohol in front of the bio-ray operated by D; (c) when the bio-ray was put up on the floor and scattered on the floor and the string of the strings, the Defendant reported that the victim E (ma, South and 58 years old) who is the husband was assaulted by D; (d) the victim’s flaps were flabed by the flabbbing of the flab, and the victim’s flabing of the victim’s left-hand hand with the victim’s hand, and caused the victim’s injury, such as the flabing of the flab, etc. in need of medical treatment for about 21 days.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Statement of the police statement of E;

1. Damage photographs;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Article 257 (1) of the Criminal Act applicable to the crimes and Article 257 of the Election of Imprisonment;

1. Reasons for sentencing under Article 62(1) of the Criminal Act [the scope of recommending sentence] general injury [the scope of recommending sentence] Article 62(1) of the Act on the Suspension of Execution, and Article 62(1) of the Act on the Suspension of Execution [the person who has been subject to special mitigation] Article 1 [the person who has been subject to special mitigation] and Article 62(1) [the person who has been not subject to punishment] [the person who has been sentenced to punishment] shall choose to be sentenced to imprisonment in light of the circumstances of causing bodily injury to the victim under the influence of alcohol without any particular reason despite the person having been convicted of three times of violent fines.

Public Prosecution Rejection Parts

1. On September 27, 2019, the Defendant, at around 14:55, was under the influence of alcohol in front of “C” located in the Busan East-gu, Busan-dong, and the Defendant was under the influence of alcohol in front of the life-on board operated by “C” (n, 46 years of age), and the life-on board, where the life-on line was displayed, is scattered on the floor, and the styren is scattered on the floor and the styren is broken off.

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