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(영문) 부산지방법원 2017.08.24 2017고단2793
상해
Text

A defendant shall be punished by imprisonment for six 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 April 28, 2017, the Defendant: (a) around 22:45, the Busan Dongdong-gu apartment complex B, Busan, and was under the influence of alcohol in front of the due diligence, and (b) from the Victim D (63), “Sasi si si si si si sisi sisi sisi sisi sisi sisi sisi sisi si

Recognizing the horses, “I am, I am, I am, I am, I am, I am, I am, I am at the left side of the victim’s drinking, and am the victim. The Defendant was injured by the knife of the victim’s 4 to 5 times by the victim’s hand, when I am at the victim’s request to report 112, when I am at the victim’s back, I am at 4 to 5 times by the victim’s back, and when I am at the victim’s side, I am at the victim’s back, I am at the victim’s back, and am at the victim’s home, I am at around 21 days of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement protocol of the police;

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 the crime, and Article 257 of the Criminal Act, and the choice of imprisonment;

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

1. In a case where protection observation and treatment order, the reason for sentencing under Article 62-2 of the Social Service Order Act [the scope of recommendation] general injury [the grounds for sentencing under Article 62-2 of the same Act] is mitigated (two months to one year), [the person subject to special mitigation] punishment not (including efforts to recover damage), or considerable damage was recovered (the decision of sentence] (the crime of this case is not somewhat liable in that the defendant repeats the same kind of crime even though the defendant had many records of violent crimes.

However, in full view of the fact that the defendant shows the attitude of recognizing and opposing the fact of crime, and the victim does not want the punishment against the defendant, and the defendant committed this crime while under the influence of alcohol, the defendant is judged to be in need of mental treatment or pharmacologic, etc., and all other sentencing conditions are imposed.

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