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(영문) 부산지방법원 2013.07.25 2013고단2929
상해등
Text

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

Reasons

Punishment of the crime

On February 23, 2012, the Defendant was sentenced to two years of suspension of the execution of imprisonment with prison labor for the injury, etc. at the Busan District Court on February 23, 2012, and on August 2, 2012, the above judgment became final and conclusive and is currently in the grace period, and the same kind of violent crime has been

1. On April 21, 2013, at around 01:00, the injured Defendant drinking alcohol in E F (on the 52 years of age) operated by the victim D (here the f), who is located in Busan Sho-gu C, and with the customers under the name of the f (on the flive drinking room), expressed a desire to brud the victim out of the damaged her place of view that he/she was able to ask the victim of his/her whereabouts, and expressed the victim’s breath of the victim’s face on the flick of the treatment days.

2. The Defendant damaged property at the date, time, and place under the preceding paragraph, where the victim set up a saw of the Defendant’s face against the Defendant’s assault, and 2 of the market price, which was owned by the victim, was in force, 3 of beer’s disease, and glass cup, and damaged it.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of police suspect regarding D;

1. Ratifications, photographs of the upper part, damaged photographs, and on-site photographs;

1. Previous convictions indicated in judgment: Each disposition not being issued, a report on the results of confirmation, a report on the period of stay of execution, and application of the same previous and confirmed Acts

1. Relevant legal provisions concerning the crime, Articles 257(1) and 366 of the Criminal Act that stipulate the choice of punishment (the point of injury), and Articles 256 of the Criminal Act (the point of injury) and the choice of imprisonment with prison labor (the agreement was reached with the victim, but it is difficult for the defendant to agree with the victim, and there is a number of times that the defendant has reached the crime of this case again during the period of suspension

1. It is so decided as per Disposition for the reasons under the former part of Article 37, Article 38 (1) 2 and Article 50 of the Criminal Act among concurrent crimes;

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