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(영문) 부산지방법원 2013.06.19 2013고단272
상해
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

At around 19:50 on August 17, 2012, the Defendant: (a) heard the desire from the victim B ( South and in the age of 41) in the event of the Busan East-dong, the Defendant inflicted an injury on the victim, such as 3 centimeters in the end of the end of this year where the treatment period cannot be known at the time of the victim’s walking on the bicycle boarding and leaving the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes to the investigation report (Attachment of photographs);

1. Article 257 (1) of the Criminal Act applicable to the crime;

1. Selection of imprisonment with prison labor chosen;

1. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;

1. The basic area of general injury, the scope of recommended sentences according to the sentencing guidelines (where a victim, who is an element of mitigation, has a considerable responsibility for the occurrence of a crime or the expansion of damage), and offsetting "where he/she commits a crime by carrying a deadly weapon or other dangerous articles": Imprisonment with prison labor for up to four months and up to one year and six months;

2. Where a person commits a crime by carrying with him/her a deadly weapon or other dangerous articles as to whether to suspend execution, and where the victim is fully responsible for the occurrence of a crime or the expansion of damage even for the victim, there is no intention for recovery of damage, and there is no other history of punishment for recovery of damage, and there is no other reason to find any other circumstances to recognize the suspension of execution: Not selecting the suspension of execution;

3. Four months of imprisonment with prison labor for sentencing; and

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