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(영문) 부산지방법원 2016.09.30 2016고단2010
상해
Text

A defendant shall be punished by imprisonment for not more than ten 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

The defendant is the representative of C who establishes road boundary stone, and the victim D (50) is the employee of the above C.

On June 20, 2014, at around 19:30 on June 20, 2014, the Defendant, after drinking alcohol as the victim, was put in place with the victim's schosome, with the victim's warranty and the victim's consent and the nearby mother's schosome 2 board.

Therefore, the defendant demanded the victim to keep a cryp from a defect, but the victim's face was rejected, and the victim's face was able to receive approximately 8 weeks of treatment, and the victim was injured by cryp, inside and outside of the inside and outside of the cryp, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes on the report of investigation;

1. Relevant Article 257 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspension of execution (the following favorable circumstances):

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

1. The scope of applicable sentences under law: Imprisonment for one month to seven years; and

2. Application of the sentencing criteria [Determination of types of crime] General Injury (general injury) (general injury (special aggravated person)] / [Scope of recommended punishment] increased area, six months to two years of imprisonment.

3. In light of the fact that a considerable time has passed after a significant injury was inflicted on the victim under the unfavorable circumstances with the sentence, and that there was an error in normal conditions favorable to the fact that the victim did not reach a unanimous agreement with the victim even though considerable time has yet to elapse, the defendant suffered an injury by assault during the course of the wraping with the victim, and that the defendant paid 9 million won as well as 9 million won for the recovery of damage caused by the crime of this case by drinking and contingently taking into account the fact that there was no criminal record since September 19, 1989, the defendant's age, sex, environment, background leading to the crime, circumstances after the crime, etc. is determined as per the order.

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