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(영문) 부산지방법원 2019.01.15 2018고단4929
상해
Text

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

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 9, 2018, the Defendant: (a) around 06:00, on the street in front of the “Ccafeteria” located in the Busan Eastdong-gu, Busan; (b) under the influence of alcohold victim D (26 years of age) was exposed to the Defendant’s face due to a herogate, thereby pushing the victim’s face; and (c) took the face of the victim beyond the floor over the floor, and suffered injury to the victim on several occasions, such as an an ad hoc 43-day therapy, which requires treatment for about 43 days.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

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

1. Reasons for sentencing under Article 62(1) of the Criminal Act [Scope of Recommendation] General In the event that a victim is fully responsible for the occurrence of a crime or the expansion of damage even for the mitigated area (two to ten months) of Part I (Special Mitigation) (Special Mitigation) of the Punishment Act, the decision of sentence shall be made] agreed with the victim, the fact that there is no record of criminal punishment exceeding a fine, and that there is no record of criminal punishment exceeding a fine, and that the victim is against his/her wrongness; etc. shall be taken into account;

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