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(영문) 부산지방법원 동부지원 2017.05.10 2017고단355
상해등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

The Defendant, while under the influence of alcohol, took a bath to the victim C (V, 22 years of age) and the victim D (V, 17 years of age) who passed a street without any reason.

1. Around 18:50 on January 16, 2017, the victim E (34 tax) who was requested to provide assistance from the above C in front of the “G” located in the Busan Suwon-gu, Busan, about 18:50 on the road of the victim E (34 tax). The victim E (34 tax), who was asked to provide assistance from the said C, attempted to see the victim’s snow part of the victim’s snow part at one time due to defective drinking, had the victim take a siren 200,000 won at the market price where he was used, and the victim got her face back to the back by drinking.

As a result, the Defendant inflicted an injury on the victim, which requires approximately eight weeks of treatment, on the part of the victim, on the part of the “mal and floor-down frame” and at the same time damaged the victim’s property.

2. Each Defendant committed assault against the victim C, D, and H, at the same time and place as that set forth in the preceding paragraph, to take back the victim C’s head debt by hand, to take back the victim C’s loss and ear in drinking, and continued to walk back the victim H (46 years old) due to the defect that the Defendant attempted to assault as above.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement protocol with respect to C and E;

1. Each statement of H and D;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Article 257(1) of the Criminal Act applicable to the facts constituting an offense, Article 260(1) of the Criminal Act, and Article 260(1) of the Criminal Act, and the choice of imprisonment with prison labor;

1. A crime of the first sentence of Article 37, Article 38(1)2, and Article 50 of the Criminal Act on the grounds of sentencing [the scope of recommendation] of Article 1 of the Act on the Aggravated Punishment of Concurrent Crimes, Article 1 of the Act on the Aggravated Punishment of Concurrent Crimes [the scope of recommendation] of Article 2 of the Act on the Aggravated Punishment of Specific Crimes [the scope of recommendation] of Article 3 of the Act on the Aggravated Punishment of Specific Crimes of the No. 1 of the Aggravated Punishment of Crimes [the scope of recommendation] of Article 3 of the Act on the Aggravated Punishment of Concurrent Crimes of the No. 2 of the Aggravated Punishment of Crimes (the scope of recommendation] of the basic area (the scope of recommendation from February to October) of Article 1 of the Act on the Aggravated Punishment of Crimes of Violence (the General Violence) [the person who is subject to special sentencing]

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