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(영문) 부산지방법원 서부지원 2018.05.23 2017고단2068
상해
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On December 5, 2017, around 11:20 on December 5, 2017, the Defendant faced with the victim D (70 tax) and shoulder that was landed from the stairs of the welfare center in the Busan Seo-gu apartment complex.

"At the time of resistance to the victim's face 5 to 6 times due to the drinking of the victim."

As a result, the Defendant inflicted injury on the victim, such as an spawn spathm in need of approximately four weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D or E;

1. Application of Acts and subordinate statutes to death diagnosis certificates and photographs;

1. Relevant Article 257 of the Criminal Act concerning the facts constituting an offense and Article 257 (1) of the Criminal Act concerning the choice of punishment;

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

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

1. The basic area (from April to January 6) (any person who has no special sentencing factors) of the category 1 (general injury) of the recommended punishment on the sentencing guidelines;

2. Considering the favorable circumstances, such as the fact that the defendant has the same record as the defendant in the decision of sentence, that there is no agreement with the victim, and that the defendant has committed the instant crime, and that there is no record of criminal punishment exceeding the fine, the defendant has to take into account, together with the favorable circumstances, such as the fact that the defendant has committed the instant crime, and that there is no record of criminal punishment exceeding the fine, the sentence as ordered shall be

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