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(영문) 부산지방법원 2017.07.17 2017고단228
상해
Text

A defendant shall be punished by imprisonment for six months.

Costs of lawsuit shall be borne by the defendant.

Reasons

Punishment of the crime

On November 8, 2013, the Defendant was sentenced to imprisonment with labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Busan District Court on November 8, 2013, and completed the execution of the sentence in the lawsuit against the first intersection of the North Korean Dos on August 8, 2015.

피고인은 2016. 11. 27. 09:30 경 부산 사하구 다대 낙조 2길 50에 있는 몰 운 대아파트 210동 옆길에서 술에 취해 고성 방가를 하다가 지나가던 피해자 C(81 세) 가 이를 나무란다는 이유로 피해자와 말다툼을 하던 중 화가 나 피해자의 멱살을 잡아 흔들고 피해자를 밀쳐 넘어뜨려 엉덩방아를 찧게 함으로써 피해자에게 약 21일 간의 치료가 필요한 좌 둔부 좌상 및 혈종형성 등의 상해를 가하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes of each injury diagnosis letter;

1. Relevant Article 257 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

2. Article 35 of the Criminal Act for aggravated repeated crimes;

3. Grounds for sentencing in the main sentence of Article 186 of the Criminal Procedure Act, bearing litigation costs.

1. The scope of the recommended punishment according to the sentencing criteria [the scope of the recommended punishment] general injury (the scope of general injury) and the aggravated area (six months to two years) (the specially aggravated person] of the same kind;

2. Determination of sentence: Imprisonment with prison labor for 6 months - The defendant was sentenced to imprisonment for 1 year and 6 months for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and completed the execution of the sentence, and again commits the crime of this case during the period of the repeated crime, other than that, there have been records of having been punished several times due to prime violence, etc., agreement with the victim or non-compensation for damage, etc., considering unfavorable circumstances, such as that there was a lot of physical contact with the victim - The fact that there was a lot of physical contact with the victim, and that the victim seems to have increased the degree of injury due to an old relationship

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