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(영문) 부산지방법원 서부지원 2017.10.26 2017고단1015
상해등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. In the case of an injured defendant, on June 23, 2017, on the front side of the Busan-gu apartment house B, Busan-gu, Busan-do around 16:40 on June 23, 2017, and the defendant was performing funeral services other than Pyeongtaek-si

In the next place, the victim C (28 taxes) was selling the other ebbbbb, the ebbbbbb, the ebbbbbb, and the ebbbbb, the ebbb, and the ebb, followed the victim's ebb, three times by taking three times the ebs of the ebb, thereby causing injury to the victim, such as the ebb, ebbs

2. Special intimidation: (a) the Defendant, at the same time and place as described in paragraph (1) and on the grounds as described in paragraph (1), threatened the victim with a brick, which is a dangerous thing in the vicinity of the victim; and (b) threatened the victim with a view to threatening the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to a report on investigation (Attachment of a medical certificate of injury);

1. Relevant legal provisions of the Criminal Act, Article 257(1) of the Criminal Act (the point of injury), Articles 284 and 283(1) (the point of special intimidation) of the Criminal Act, and the choice of imprisonment with prison labor for the crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. The reasons for sentencing of Article 62-2 of the Criminal Act on the part of the accused for providing community service and attending lectures are very wide criminal records due to violent crimes, and the nature of the crimes is also not good;

However, considering the favorable circumstances in which the victim agreed with the victim, the execution of the sentence shall be suspended at once, taking into account the defendant's age, sex, environment, motive and means of the crime, the consequences of the crime, the circumstances after the crime, etc., and the various sentencing conditions as shown in the arguments in this case. It is so decided as per Disposition.

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