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(영문) 부산지방법원 2013.10.16 2012고단10379
상해등
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

On August 6, 2012, the defendant was sentenced to two years of suspended sentence for the violation of the Road Traffic Act in Busan District Court on August 6, 2012, and the judgment became final and conclusive on August 14, 2012, and is currently under suspended sentence.

1. In around 05:40 on November 22, 2012, the injured Defendant reached the victim D (ma, 42 years old) who fluencing one floor of the first floor of the Busan YG C building with drinking only and without any special reason.

As a result, the above victim suffered bodily injury such as inside and outside of the treatment days.

2. The Defendant violated the Punishment of Violence, etc. Act (a collective injury with a deadly weapon, etc.) stated that the victim E (mainam and 41 years of age) who is D’s Easter at the time, place, and place under Paragraph 1, "I d d h h h h h h h h h h h h h h h h h h h and h h h h h h h h h h h h h, 15 m in total length) was "h h h h.

As a result, the Defendant carried dangerous things with the victim and inflicted an injury on the victim, such as an open room in bad faith requiring treatment for about two weeks.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Examination protocol of police suspect regarding D;

1. A written diagnosis of injury;

1. Photographs;

1. Previous records: Application of Acts and subordinate statutes to inquiry reports on criminal records, etc. (A) and investigation reports (including certified copies, etc. of judgment);

1. Relevant Article of the Criminal Act, Article 257 (1) of the Criminal Act (the point of injury and the choice of imprisonment), Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act, and Article 257 (1) of the Criminal Act (the point of injury to carry dangerous articles) of the Criminal Act;

1. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;

1. The scope of general injury, injury and mitigation area according to the sentencing guidelines: Two months of imprisonment; one year and six months of imprisonment; a majority crime committed in the two years and six months of imprisonment;

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