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(영문) 부산지방법원 2014.05.29 2013고단9348
상해
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The defendant and the victim who reside in the above floor of the same apartment unit 922 of the same apartment unit, the defendant and the victim frequently punished for the noise problem between the ordinary floor.

At around 07:50 on November 13, 2013, the Defendant, on the ground that the noise problem between another floor was found to be the place of residence of the said victim and brought a noise problem, but the victim did not recognize it, the Defendant, as drinking, abused ten parts of the head and face of the victim on about 42 days and inflicted bodily injury, such as an alley, in need of treatment for about 42 days.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning D;

1. A medical certificate;

1. Application of statutes on photographs of damage;

1. The relevant provision of criminal facts, Article 257(1) of the Criminal Act of the choice of punishment, the grounds for sentencing of imprisonment [the scope of recommendation] general injury [the grounds for sentencing of imprisonment] shall be limited to the aggravated area (6 to 2 years) of category 1 (general injury) and the aggravated area (6 to 6 months): six months-2 years [the decision of sentence] - Reasons for sentencing favorable to the defendant: the fact that there are circumstances to be taken into account when the defendant committed the crime in this case because it is based on the awareness of damage caused by noise between floors and that there are situations to be taken into account in the course of the crime in this case; the fact that the health of family members including the defendant is not good; the degree of violence committed by the defendant is serious; the fact that the extent of the violence committed by the defendant is serious; the fact that the victim does not reach an agreement with the victim; the sentence of imprisonment for six months (6 months (Provided, That it is reasonable to give the defendant an opportunity to agree on the defendant in light of family type and health of the defendant).

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