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(영문) 부산지방법원 2016.12.22 2015고단7651
상해
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On August 26, 2015, the Defendant, at around 21:40, 2015, was used under the influence of alcohol at the entrance of the Busan Bab, and, on the ground that the victim C (73 years of age) who works for the said apartment security guard was satisfing himself/herself, he/she was satched with flabing the victim's breath, flag face several times, walked with the victim's body several times after blaging the victim, and flading the victim's face on several occasions, caused the victim's bodily injury, such as blood transfusion, etc., which requires treatment for about 35 days.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes concerning violence against victims and field photographic materials;

1. Article 257(1) of the Criminal Act applicable to criminal facts, Article 257(1) of the Criminal Act of the choice of punishment, the reason for sentencing of sentence [the scope of recommendation] general injury [the grounds for sentencing of imprisonment] and no basic area (4 to 1.6 months] [the decision of sentence] [the defendant has no record of criminal punishment] although the defendant is a first offender who has no record of criminal punishment, the crime of this case is considerably serious and is limited to the degree of violence against the elderly victim, and damage therefrom. Nevertheless, it is difficult to find materials to recognize that the defendant did not agree with the victim, even if the defendant made efforts to reach an agreement on records, and no compensation was made even if the defendant was in a situation where the victim was in actual condition of receiving medical treatment, the date of sentence and escape before the date of sentence, and in light of these circumstances, it is inevitable to pronounce a sentence to the defendant.

In full view of the aforementioned circumstances, the Defendant’s age, character and conduct, intelligence and environment, motive, means and consequence of the commission of the crime, and the circumstances after the commission of the crime, the sentence as ordered shall be determined by comprehensively taking into account all the circumstances that are conditions for the

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