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(영문) 부산지방법원 2015.05.07 2014고단7762
상해
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On August 14, 2014, the Defendant: (a) around 04:20 on August 14, 2014, the Defendant: (b) brought in a dispute with his wife D (her wife, 46 years of age) and women on the 1st floor of the building located in the Dong-gu Busan Metropolitan City; (c) brought the victim D face up to the floor of the victim D on two occasions on the breath; (d) brought the victim E (here, 22 years of age) breath of the victim E(here, 22 years of age) with his/her hand-site when the victim D (her wife, and 46 years of age) were unable to know the number of days of treatment; and (d) caused the victim E to the breath of the face where the number of days of treatment cannot be known.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D, E, and F;

1. Application of each statute on photographs;

1. Article 257 (1) of the Criminal Act applicable to the crime;

1. Of concurrent crimes, the former part of Article 37 and Article 38 (1) 2 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. For the reasons for sentencing under Article 62-2 of the Criminal Act on probation and community service order, in the case where: (a) the mitigated area (two to one year), the mitigated area (including special mitigation), the mitigated area (including serious efforts to recover damage), or considerable partial recovery from damage, the second crime [the scope of recommending punishment], the special mitigation area (one to one year), the special mitigation area (one to one year), or the partial recovery of damage (including a serious effort to recover damage), the final sentencing range according to the multiple aggravated crimes: two to one year [the sentence] on May 22, 2014; and (b) the defendant again received five family protective disposition on May 22, 2014, including the case where he/she received a protective disposition at the Busan District Prosecutors' Office as a crime of assault at the same time; and (c) the case was low for the crime of this case.

However, under the agreement with the victims, they do not want the punishment of the defendant, and they are against the truth of the defendant.

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