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(영문) 부산지방법원 2016.11.28 2016고단5641
상해
Text

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

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

Reasons

Punishment of the crime

1. On July 15, 2016, around 05:00 on July 15, 2016, the Defendant: (a) reported that E, who was known to the city in Busan F (53 years of age) was drinking with the victim F (53 years of age) and drinking; and (b) reported that the victim “I ambling and drinking with the driver,” and the victim “I ambling, dying, and dying down with the driver,” and the victim “I ambling, dying, and dying off, I ambling the victim’s face, making the victim do so by assaulting the victim on his hand, and causing ambling his son on the days of treatment.”

2. 피해자 E에 대한 상해 피고인은 2016. 7. 15 07:30경 위 D에서 위 제1항과 같이 피고인이 위 F을 폭행한 것을 피해자 E이 신고하고 이를 따지는 데에 화가 나 주먹으로 그의 얼굴을 수회 때려 바닥에 넘어뜨리는 등으로 폭행하여 피해자에게 치료일수 미상의 우측 귓불이 찢어지게 하는 등의 상해를 가하였다.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the interrogation of suspects of E;

1. Statement of the police statement concerning F;

1. Application of the Acts and subordinate statutes to each investigation report (No. 5,19,25)

1. Relevant Article 257 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment, respectively;

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

1. Article 62 (1) of the Criminal Act;

1. Where the grounds for sentencing under Article 62-2 of the Criminal Act on the grounds of sentencing and attending a probation and attending a lecture are Type 1 (the scope of recommendations) (the scope of general injury) (the person subject to special mitigation), the area of mitigation (including serious efforts to recover damage), the area of mitigation (including the scope of recommendations), the area of mitigation (2) (2) (the scope of general injury) or considerable partial damage is recovered, the scope of final sentence according to the aggravation of multiple crimes (including serious efforts to recover damage) or the area of mitigation (2-1) (2-1) (2) (including special mitigation) or considerable partial damage is recovered, the extent of final sentence according to the aggravation of multiple crimes is the same as the defendant who was sentenced in February-1 and June.

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