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(영문) 부산지방법원 2019.08.14 2019고단2243
상해
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

At around 02:30 on June 25, 2016, the Defendant observed the c'C’’s fating of the victim E (the age of 76) where D was not good at the normal space, and towed it to the Felur parking lot, the next building, and, during the fighting, the victim was satisfing his fat at one time on the left part of the victim’s fat, suffered injury to the victim for about 28 days on the ground that the victim was satisfing.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E;

1. A written diagnosis of injury;

1. Application of the Act and subordinate statutes to a investigative report (to attach to On-the-spotCCTV image CDs and caps);

1. Article 257 (1) of the Criminal Act applicable to the crimes and Article 257 of the Election of Imprisonment;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of recommendations according to the sentencing criteria: General injury: The basic area, and four to one year and six months; and

2. Determination of sentence: Six months of imprisonment with prison labor and two years of suspended sentence [the sentence shall be determined as per Disposition, taking into account the following circumstances: the Defendant’s violation of the instant crime, the Defendant’s fighting led to the instant crime, the Defendant’s age, character and conduct, family environment, motive and means of the instant crime, and the circumstances after the crime, etc., although the Defendant had suffered a necessary injury to the victim for a period of four weeks; however, the sentence shall be determined as per Disposition, taking into account the following circumstances: the Defendant’s age, character and conduct, family environment, motive and means of the instant crime;

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