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(영문) 부산지방법원 2017.12.20 2017고단2763
상해
Text

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

Punishment of the crime

The defendant is a person who resides in Busan Dong-gu D, and the victim E (53) is a person who operated a poke at the site of the removal work for abandoned houses located in Busan Dong-gu, Busan, which is located in the vicinity of the defendant's residence.

On November 21, 2016, the Defendant found at the above construction site to have a strong noise and vibration generated at the construction site, and opened a door to the victim, who was driven by the victim. On November 21, 2016, the Defendant “slicks” to the victim coming out of the cranes.

Madd." When the victim was committed with assault, such as fit head from the victim's suffering, the victim's right mouths and buckbucks the victim's lebucks, and the victim's lebbbbbbbbbucks continued to wear his lebbucks.

As a result, the Defendant inflicted an injury on the victim, such as completely cutting down the upper part of 5 parts of the right side.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspects of E;

1. Statement of the police statement related to G;

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

1. Relevant Article 257 of the Criminal Act concerning the facts constituting an offense and Article 257 (1) of the Criminal Act concerning the choice of punishment;

1. The crime of this case on the grounds of sentencing under Article 62(1) of the Act on the Suspension of Execution is disadvantageous to the Defendant, taking into account the following facts: (a) the Defendant inflicted bodily injury on the victim by shouldering the victim’s fingers, cutting the victim, etc.; and (b) the damage recovery is not proper.

However, in consideration of the facts that the defendant is against the defendant, the primary offender, the age, sex, environment, family relationship, motive and consequence of the crime, circumstances after the crime, and other circumstances that form the conditions of sentencing as shown in the argument of this case, the sentence like the order shall be imposed.

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