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(영문) 부산지방법원 2016.06.16 2015고단8788
상해
Text

1. The defendant shall be punished by imprisonment for six months;

2. However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive;

3.

Reasons

Punishment of the crime

At around 21:50 on September 30, 2015, the Defendant: (a) took a time zone for the victim E (35 years) in the vicinity of D main points located in the Busan Dong-gu, Busan; (b) took the face of the victim once a week; (c) the victim followed the victim of the defect that the victim intending to flick and flicked; (d) took one time a sign board of prohibition of parking in the vicinity; and (d) took one time a back part of the back part of the victim's face; and (e) took part of the victim's face with the victim's face as a food going to the victim going to the front part of the victim, the Defendant inflicted injury on the victim, such as cutting the bones bones, the right side, and the mouth of the inner wall that require approximately four weeks medical treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E and F;

1. A protocol concerning the interrogation of each police officer against the defendant or E;

1. Statement of the police statement related to G;

1. Anthrax, etc.;

1. A medical certificate (record 68 pages);

1. The defendant's photograph, etc. (the defendant and his defense counsel argued to the effect that the defendant did not agree the victim's face at one time by drinking the victim's face among the assault act written in the crime of crime. However, the defendant has recognized the defendant's face at the police with the sign and one time before he display it (the record 41 pages), and the witness also clearly stated it, and the victim's act of supporting the victim is consistent, concrete, and clearly stated in the investigative agency and this court.

Therefore, the above argument shall not be accepted] Application of the law

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;

2. Article 62 (1) of the Criminal Act on the suspension of execution;

3. The reason for sentencing under Article 62-2(1) of the Social Service Order Criminal Act, Article 59 of the Act on the Protection, Observation, etc. [the scope of recommended punishment] does not exist in the basic area (from April to January 6) (the special sentencing person] (the decision of sentence] (the decision of sentence].

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