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(영문) 부산지방법원 2015.10.15 2015고단4708
상해
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On June 26, 2015, the Defendant, at around 21:50, 200, took food equivalent to KRW 65,000 in the “Catt” located in the Busan East-gu, Busan. The Defendant, on the ground that the victim D (the 58 years of age) who is an employee of the said business did not work on credit for alcoholic beverages, provided a bath for the victim, and was injured by the victim, such as a non-furnal, requiring approximately three weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to each statement, receipt, photograph, and medical certificate;

1. The reason for the sentencing of Article 257(1) of the relevant Article of the Criminal Act regarding criminal facts [the scope of recommending punishment] General Injury (the range of recommending punishment] The mitigated area (2-1 year), the mitigated area (2-1 year), the punishment is not imposed (including efforts to recover damage), or considerable damage has been recovered, the scope of sentence compared with the applicable sentences and recommended sentences: two months to one year (2-1 year [decision of sentence] on November 6, 2014; the defendant was sentenced two years after being sentenced two years of suspension of execution to one year and six months; the judgment becomes final and conclusive on November 14, 2014; the judgment becomes final and conclusive during the suspended execution period; the crime of assault, etc. Act was committed once as a violation of the Punishment of Violences, etc. Act; and the crime of assault, etc. was committed once more and one time more as a crime of assault, etc. was committed; and the defendant, even if he/she was unable to obtain the injury again due to the discriminatory treatment of the victim, etc.

It is not good that the defendant is guilty.

The defendant shall be sentenced to imprisonment.

In addition, the conditions of sentencing prescribed in Article 51 of the Criminal Act and the sentencing guidelines determined by the Supreme Court Sentencing Committee shall be considered in consideration of the above circumstances, such as the fact that the crime is committed, the fact that the victim has agreed with, and the fact that the judgment becomes final and conclusive, the sentence of suspended sentence shall lose its effect, and the sentence shall be determined like the order.

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