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(영문) 부산지방법원 2016.09.30 2016고단2626
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

The defendant is a student who heard lectures from a private teaching institute, such as the victim C (42).

On May 11, 2016, at around 20:0, the Defendant, in front of the toilet of the 1st floor of the Busan District DD Building, had been in dispute with the victim before, and had been in dispute with the victim before before, the first floor of the 1st floor of the 1st floor of the 1st floor of the 2013 Busan District, where the victim first sold the Defendant’s ship to the Defendant, and the victim first sold the Defendant’s ship to the Defendant, and caused the Defendant’s injury, such as the string of the 57-day snow breath of the 57-day snow breath of the 57-day breath of the b

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

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

1. Relevant 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 suspension of execution (the following favorable circumstances):

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The scope of applicable sentences under law: Imprisonment for one month to seven years; and

2. Application of the sentencing criteria [Scope of Recommendation] General Injury [Special Mitigation (Special Aggravation)] where victims are fully responsible for the occurrence of a crime or the expansion of damage caused by a crime, injury (1 and 4) serious (the scope of punishment recommended] basic area, April to June of imprisonment.

3. The primary crime is that the victim is fully responsible for the occurrence of a crime, even though he/she has suffered serious injury to the victim under the circumstances unfavorable to the decision on the sentence of punishment, and has committed a mistake favorable to the fact that no agreement has been reached with the victim, and the punishment shall be determined as set forth in the order, by comprehensively taking into account the defendant's age, sex, environment, circumstances leading to the crime, circumstances after the crime, etc.

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