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(영문) 부산지방법원 2016.09.21 2016고단2975
상해
Text

A defendant shall be punished by imprisonment for six 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 April 25, 2016, the Defendant: (a) around 18:15, and around 18:15, the Defendant inflicted an injury on the victim, i.e., the face of the victim, knife, and knife the victim, on the ground that the victim, who drinking alcohol in the package b (e.g., the 73 years of age) following the Busan Northern-dong Bank, demanded payment of the drinking value; and (b) caused the victim’s face and knife several times due to drinking, and caused the victim to undergo approximately six weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Application of Acts and subordinate statutes of each investigation report (No. 6,10, 11 of evidence lists);

1. Article 257 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Selection of imprisonment with prison labor chosen;

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

1. The scope of the recommended punishment according to the sentencing criteria [the scope of the recommended punishment] general injury to the basic area (from April to June) (no person subject to special sentencing];

2. The fact that the defendant who was sentenced to a suspended sentence due to the crime of injury was a majority of the criminal records of the same kind, and that the defendant again committed the crime of this case, and that he used serious injury to the elderly victim, are disadvantageous to the defendant.

However, the sentence like the order shall be imposed in consideration of the fact that the defendant recognized the crime and misunderstanding in depth, agreed with the victim, and other conditions of sentencing under Article 51 of the Criminal Act, such as the defendant's age, sex, intelligence and environment, motive and means of the crime, etc.

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