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(영문) 부산지방법원 2019.07.10 2019고단1545
상해
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

On January 1, 2019, at around 03:10, the Defendant, after drinking alcohol in C front of the Dong-gu Busan Metropolitan City, was faced with the victim E (the age of 44) and shoulder. On the other hand, the Defendant, who walked the victim more than once from the back of the water of the victim, was faced with the victim E (the age of 44). On the other hand, the Defendant got off the victim more than once from the back of the water of the victim, followed the victim's face one time, and got out about 56 days from the back of the face of the victim, thereby causing injury to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to investigation reports (attached medical certificates, etc.);

1. Article 257(1) of the Criminal Act applicable to the crime, the choice of imprisonment;

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

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

1. Extent of recommendation [decision of types] according to the sentencing guidelines and the general injury [Type 1] general injury (specially increased person], mitigated element of punishment: serious injury (the scope of recommendation field and recommendation type], basic area (the scope of recommendation field and recommendation type], and April through June;

2. Determination of sentence: Even if a criminal defendant committed any contingent act under the influence of alcohol, considering that the defendant inflicted serious injury on the victim, sentence of sentence should also be considered.

However, it shall be considered in favor of the fact that the defendant was the first offender and agreed with the victim, and is still young.

In addition, it shall be decided as ordered in consideration of all the circumstances that are conditions for sentencing, such as the age, character and conduct, environment, motive and background of the crime, and circumstances after the crime.

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