(영문) 부산지방법원 서부지원 2017.08.22 2017고단647

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(영문) 부산지방법원 서부지원 2017.08.22 2017고단647

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 two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On May 29, 2017, the Defendant filed a complaint against the Defendant on the street at the entrance of the 114:45 parking lot, Busan Seo-gu, Busan Seo-gu, 114, on the ground that the Defendant filed a defamation complaint against the Defendant, on the ground that the victim C ( South Korea, 58 years of age) was sexually dissatisfied with the victim, she was drinking with the victim, she was satisfed with the victim’s son, her bath, and her hand, she was fatd with the victim’s satch, she was fatd with the victim’s satch, and she was fatd with the victim’s face and clothes.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to damaged photographs and written diagnosis of injury;

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of the recommended punishment on the sentencing criteria [the scope of the recommended punishment] general injury shall be the basic area (from April to January 1) (no person in special sentencing shall be punished] of the sentencing criteria;

2. The fact that there is no agreement with the victim on the sentence, that there is a history of punishment several times for the same kind of crime that is disadvantageous to the accused, that recognizes the crime, and that the degree of injury of the victim is relatively minor, shall be considered as a favorable condition to the accused; and

In addition, the defendant's age, sex, environment, motive and background leading to the crime of this case, methods and results of the crime of this case, the circumstances after the crime of this case, etc. shall be comprehensively considered, and all of the sentencing conditions in the arguments of this case and the records shall be determined as ordered.

참조조문

-형법 제62조 제1항

-형법 제257조 제1항

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