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(영문) 부산지방법원서부지원 2020.08.14 2019고단2251
상해
Text

A defendant shall be punished by imprisonment with prison labor for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 21, 2019, at around 00:05, the Defendant, on the road in front of the C cafeteria located in Busan City, and on the ground that the victim D (year 46) and the Si cream attached the Defendant’s wife, when the victim took a bath to the Defendant’s wife, she taken the face twice as a drinking, and returned the victim’s face once again.

As a result, the defendant suffered injury to the victim in the combination of 35 days of bad body and the left-hand end of the body.

Summary of Evidence

1. Partial statement of the defendant;

1. Examination protocol of police suspect regarding D;

1. A report on investigation (Attachment of a black box image), a photograph by cutting down a suspect's assault video, a black box CD;

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

1. Article 257 (1) of the Criminal Act applicable to the crimes and Article 257 of the Election of Imprisonment;

1. Article 62 (1) of the Criminal Act;

1. The degree of injury suffered by a victim for the reason of sentencing under Article 62-2 of the Criminal Act of the community service order is serious, and the victim was unable to receive a letter from the victim.

However, the defendant deposited 2 million won for the victim, the defendant has no record of being punished in excess of a fine for the last ten years, and the defendant's age and happiness environment, motive means of the crime, results of the crime, circumstances after the crime, etc., and all the sentencing conditions stated in the arguments of this case and the records shall be determined as ordered in a comprehensive manner.

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