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(영문) 부산지방법원 2019.05.08 2019고단608
상해
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

At around 02:00 on December 23, 2018, the Defendant committed assault, such as at least 10 minutes after the Defendant was able to take the face of the victim from the 8'C' club of the Busan Jin-gu B building, Busan, on the ground that the victim D (the 32 years of age) was changed, and the victim D (the 32 years of age) was able to take the face of the victim on a hand and drinking, and then, the Defendant was divided into the 10 minutes after the club personnel's control, and then the Defendant committed assault, such as at least 10 minutes after the club, she was able to take the face of the victim, she was able to take off the head, and her was pushed off the victim.

As a result, the defendant suffered injury to the victim, such as the right-hand sponsor, the right-hand sponsor and the right-hand sponsor.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of police suspect regarding D;

1. Application of Acts and subordinate statutes to investigation reports (informating documents, etc. submitted to the suspectD);

1. Grounds for sentencing choice of imprisonment with prison labor, Article 257(1) of the Criminal Act applicable to the relevant criminal facts;

1. Scope of punishment by law: One to seven years of imprisonment;

2. The scope of recommendation [decision of types] according to the sentencing guidelines, general injury [Type 1] general injury [special injury (special punishment)] increased factors: serious injury (the scope of recommendation field and recommendation type] increased area, six months to two years and six months.

3. Determination of sentence: The Defendant, while under the influence of alcohol, inflicted an injury on the victim by driving a trial fee.

In view of the fact that the victim suffered from the injury caused by the stimule of the stimule, and the victim acts as the stimule and the stimular instructor, the damage suffered seems to

There is no effort to recover damage, and the circumstances after the crime are very bad, such as blicking victims after the police investigation, and blicking victims by text messages to their mother.

Considering this point, even if the defendant is the first offender, it is necessary to punish him.

In addition, sentencing, such as the age, character and conduct, the environment, the motive and background of the crime, and the circumstances after the crime.

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