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(영문) 부산지방법원 2021.02.18 2020고단3431
상해등
Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 19, 2020, the Defendant: (a) around 20:00 on June 19, 2020, at the house of the victim C (n, 39 years of age) located in Busan, Jin-gu, Busan, the Defendant was under dispute with the victim as a matter of living expenses; (b) the victim was pushed over with the victim by hand; (c) the victim’s face was over 30 times with the main food and the hand floor; and (d) the victim’s face was over 7 days.

around 02:55 on September 22, 2020, the Defendant committed each assault, such as assaulting the victim’s face and selling as a monetary problem, during the period of his/her residence, the victim and the defendant’s fine payment problem, etc., in the Busan-gu D and E, Busan-gu, and around 02:5 on September 22, 2020.

Summary of Evidence

"200 Highest 3431"

1. The first investigation report on the suspect interrogation protocol against the defendant's legal statement C, and the investigation report (as to the part on the injury of C)

1. A written diagnosis of injury "20 high group 5153";

1. The protocol concerning the examination of suspect for the defendant C who has made a statutory statement;

1. Application of the Acts and subordinate statutes to investigation reports in C’s written statements (suspect C’s photographs on the damage of the suspect C);

1. Relevant legal provisions of the Criminal Act, Article 257(1) of the Criminal Act (the point of injury) and Article 260(1) of the Criminal Act (the point of violence) and the choice of imprisonment with prison labor for the crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Although the Defendant had a number of criminal records of the same kind of crime, the Defendant committed several assaults on the basis of sentencing under Article 62(1) of the Criminal Act.

However, each of the crimes of this case was committed by the defendant in the process of wrapping with the victim, and the fact that the victim does not want the punishment for the crime of injury of this case shall be considered as favorable circumstances.

. Other defendant.

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