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(영문) 부산지방법원 2017.03.16 2016고단8419
상해등
Text

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

However, the execution of the above sentence shall be suspended for one year and six months from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On November 6, 2016, around 23:40, the injured Defendant: (a) faced with the victim B (year 49) who was faced with the shoulder and the shoulder in front of the forest church located in 133, Seo-gu, Busan, Seo-gu, Busan, and 4:43, and (b) caused damage to the victim, who was faced with the shoulder, by hand, from the lower side of the victim’s neck; and (c) caused the victim’s damage to the victim’s upper part of the cell phone continuously being used, the victim’s injury was inflicted on the part of the victim who was unable to know the treatment period.

2. The Defendant destroyed property damage, at the time, at the place specified in paragraph 1, approximately KRW 30,00 of the repair cost, such as: (a) the victim’s neck, who was the victim’s neck while sustaining the lower side of the victim B, together with the neck that was the victim’s neck, was damaged; and (b) the connected part was damaged.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to B;

1. Investigation report (Investigation of shots);

1. Application of Acts and subordinate statutes to photographs damaged;

1. Relevant Article 257(1) of the Criminal Act, Article 257(1) of the Criminal Act (the point of injury), Article 366 of the Criminal Act, and choice of imprisonment with prison labor for the crime;

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

1. In the event that an intentional act of damaging part of the grounds for sentencing under Article 62(1) of the Criminal Act for the suspended sentence under Article 62(1) of the Act on the Suspension of Execution is committed on the basis of the following crimes (i.e., crimes) [the scope of recommended punishment] where an intentional act of destroying part of the crime (i.e., damage) is committed on the ground of the suspended sentence [the scope of recommended punishment] (i.e., damage) where an intentional act of damaging part of the crime (i., damage, etc.) is committed on the ground of the suspended sentence (including serious efforts to recover damage) or considerable damage, the scope of the final sentence according to the aggravated sentence (including serious efforts to recover damage) is reduced: November 1 through March 3, 200; (ii) where the defendant committed the act of damaging part of the crime in question; and (iii) the fact that the defendant committed the crime in question on the grounds of the suspended sentence is inferior to the defendant; and (iii) the fact that the defendant committed the same kind of the crime in question.

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