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(영문) 부산지방법원 2018.04.17 2017고단6346
상해등
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On September 16, 2017, around 23:30 on September 23:30, 2017, the Defendant had a house where the Defendant was living in the vicinity of the former female-friendly job offers victim F (n, 23 years of age) (n, f.e., f., f., e., e., e., the victim in the same Gu G at around 23:30 on the same day.

When the defendant met the victim's face and head with the floor of hand and drinking in the above telecom, the defendant injured the victim by causing about two weeks of medical treatment, such as brain salvy in need of medical treatment, and by preventing the victim from leaving the above telecom for about three hours from around 02:40 of the same month.

Summary of Evidence

1. Entry of a defendant in part in the protocol of second public trial;

1. Legal statement of witness F;

1. Statement made by the police with respect to F;

1. Application of Acts and subordinate statutes to report internal death (aggravated injury, etc.)

1. Relevant legal provisions of the Criminal Act, Articles 257(1) and 276(1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment, respectively;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62(1) of the Criminal Act on the stay of execution (The following extenuating circumstances are considered in favor of the sentencing in mind):

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Where the scope of the recommended punishment according to the sentencing guidelines for the first type of crime (Assault) [the scope of the recommended punishment] is mitigated (two months to one year), the area of mitigation (including serious efforts to recover damage), the area of punishment not for the person subject to special mitigation], or considerable damage has been recovered, the second type of crime (Arrest, confinement, abandonment, and abuse) [ the scope of the recommended punishment] is mitigated (one month to eight months), the area of mitigation (including a serious effort to recover damage) (the scope of the recommendation), the area of punishment [the person subject to special mitigation] the area of final sentence according to the multiple aggravated crimes (including a serious effort to recover damage): February to April:

2. Circumstances disadvantageous to the decision of sentence: The circumstances under which the victim wants the punishment for the defendant; criminal punishment shall be imposed only once by a fine; and

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