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(영문) 부산지방법원 서부지원 2019.10.17 2019고단255
상해
Text

A defendant shall be punished by imprisonment with prison labor for up to six 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 July 29, 2018, at around 22:10, the Defendant 22:10, while drinking alcoholic beverages together with alcoholic beverages in the C main shop located in the Busan Ssong-gu B, and drinking and singing in the stage, the Defendant: (a) the victim D (the 61-year-old-old-old-old-year-old-old-year-old-old-old-year-old-old-year-old-old-year-old-year-old-old-old-year-old-old-old-old-old-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-of

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D or F;

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes to each investigation report (including witness E-mail statement hearing report, such as on-site situation, etc.);

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. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of punishment by law: Imprisonment with prison labor for not more than seven years;

2. The scope of recommendation [decision of types] according to the sentencing guidelines and the general injury [Type 1] general injury (special person for a punishment): Reduction element: Reduction area of punishment (the area of recommendation and recommendation range] reduction area, reduction area of punishment, two months to ten months of imprisonment;

3. Determination of sentence: Imprisonment with prison labor for six months, and one year of suspended sentence (unfavorable circumstances) are not sufficient for the crime of this case to be committed by the defendant by damaging the victim beyond the victim and taking several times the shoulder of the victim without any particular reason.

The degree of injury suffered by the victim is not easy.

【Lied circumstances】 The Defendant recognizes his criminal act.

The victim shall not want the punishment of a defendant in agreement with the victim.

The defendant has no power to be punished heavier than a fine.

In addition, various sentencing conditions under Article 51 of the Criminal Act, such as the age, character and conduct, environment, family relationship, motive and circumstances of each of the crimes in this case, and circumstances after the crime, etc.

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