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(영문) 부산지방법원 2016.01.15 2015고합266
중상해
Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above sentence shall be suspended for three years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On December 11, 2014, the Defendant: (a) around 03:00 on December 11, 2014, at D clubs located in Busan Northern-gu C, the victim E took the disturbance of alcohol out of the above age club.

In addition, it was revealed that it was difficult for the victim outside the above age club to avoid the disturbance of the vehicle, such as cutting off the employee who was a vision for the defendant, raising the words, etc., and thus, the victim was spite in a fluor by taking the victim's face in a fluor, cutting off the victim's face, cutting down the victim's face, cutting off the bridge, taking the face of the victim's face into drinking, cutting off the victim's face, taking the victim's face into drinking, and then the victim has lost the eyesight of the right eye by raising a fluor and a fluoral disease card in a 21-day medical treatment for the victim several times.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made against E, F, G, H, I, J, K, and L;

1. Written statements and E statements;

1. Application of Acts and subordinate statutes to each investigation report [the list Nos. 2, 3, 4, 7, 14, 20, 21, 25, 26]

1. Article 258 (2) and (1) of the Criminal Act relating to the facts constituting an offense;

1. Reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the following reasons for sentencing)

1. The scope of applicable sentences: Imprisonment for one year to ten years;

2. Scope of the recommended sentence [Determination of the type] violent crimes, general injury, type 2 (Inflicting of Special Sentencing): - Where the mitigated element is not subject to punishment (including serious efforts to recover damage) or where considerable damage has been recovered from damage (including a person subject to general sentencing] - Reduction element: Estimated reflect [Scope of Recommendation] from June to June (in the area of mitigation)

3. Criteria for suspended execution [main reasons] - positive: Penalty not (including serious efforts to recover damage) - negative: Where the result of a cruel crime, death, or serious injury has occurred (general reasons) - positive: There is no contingent crime, serious reflectivity, or criminal records of not less than a suspended sentence.

4. Determination of sentence: two years of imprisonment; and

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