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(영문) 부산지방법원 2018.09.28 2018고단3178
상해
Text

1. The defendant shall be punished by imprisonment with prison labor for six months;

2.Provided, That the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 29, 2018, around 13:20, the Defendant: (a) reported the victim B (71) who franced the coffee in front of the Dori-gu, Busan, Young-do; and (b) took francing around 2, 2018, the Defendant inflicted an injury on the victim, such as the left knee, knee, kne, etc., requiring approximately two weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

2. Statement made by the police against B;

3. The application of the Acts and subordinate statutes to police investigation reports and internal investigation reports;

1. Relevant Article 257 of the Criminal Act concerning the facts constituting an offense and Article 257 (1) of the Criminal Act concerning the choice of punishment;

2. Article 62 (1) of the Criminal Act on the suspension of execution;

3. Reasons for sentencing under Article 62-2 of the Criminal Act to order observation of protection.

1. The scope of applicable sentences under law: Imprisonment for one month to seven years; and

2. Scope of the recommended punishment according to the sentencing criteria;

(a) Determinations of types: violent crime group - general injury - One type (general injury);

(b) Special sentencing factors: Ineligible factors for punishment.

(c) Scope of recommending punishment: Imprisonment with prison labor for two months to one year;

3. Criteria for suspension of execution;

(a) Major factors (i) negative factors: previous convictions of the same kind (a fine of not more than three times within five years), the affirmative factors of the victim who is vulnerable to the crime (ii) the victim who is vulnerable to the crime: Insignificant injury and penalty not

(b) General reasons: Serious reflective factors.

4. In this case, the decision of sentence is that the defendant, who is inside the same apartment as a resident of the same apartment, caused about 2 main diagnosis by cutting down ballebbbbs to the victim, without any particular reason, and it is not good to commit the crime and commit the crime.

Due to the defendant's crime, the victim who was 71 years of age seems to have suffered considerable shock and pain as well as physical damage.

In addition, the defendant seems to have been punished for violent crimes more than 8 times (one suspended sentence and 7 times a fine).

However, the defendant committed the crime of this case in a state of drinking.

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