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(영문) 부산지방법원 2018.02.27 2017고단5833
상해
Text

A defendant shall be punished by imprisonment for six 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

On August 15, 2017, the Defendant: (a) around 02:30 on August 15, 2017, the victim suffered bodily injury, such as the paralysis of the victim E (30 years) in the D club located in Busan, Busan, and the mouth of the floor that the victim attempted to see; (b) the victim’s face is humping over several times due to drinking and growth; and (c) the victim humping the humb from behind the victim to humping about about 42 days in need of medical treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. A protocol concerning the examination of partially the accused by the prosecution;

1. Protocol concerning the interrogation of suspects of E by the prosecution;

1. Each photograph;

1. Application of Acts and subordinate statutes of the investigation report (including each evidence attached thereto, 9, 19, 12, 16, 17, and 17 each time a year);

1. Relevant provisions of the Criminal Act, 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 suspended execution;

1. The reason for sentencing of Article 186(1) of the Criminal Procedure Act (amended by Act No. 186(1) of the Criminal Procedure Act / [the scope of recommended punishment] General injury area of Type 1 (In two months to one year), the mitigation area (including special mitigation), the punishment is not permissible (including efforts to recover damage), or considerable damage is recovered (the decision of sentence] the defendant committed the instant crime again despite the criminal history of the same kind of crime, which is disadvantageous to the defendant.

It is more favorable that the injured party receives the amount equivalent to the damages from the defendant and does not want the punishment of the defendant under the agreement with the defendant.

In addition, in full view of the circumstances that are conditions for sentencing prescribed in Article 51 of the Criminal Act, such as the background, means and methods of the crime of this case, the circumstances after the crime, the age of the defendant, sexual conduct and environment, etc., and the records and arguments of this case, the punishment as ordered shall be determined.

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