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(영문) 부산지방법원 2016.11.24 2016고단6058
상해
Text

A defendant shall be punished by imprisonment for four months.

The execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 8, 2016, at around 01:30, the Defendant: (a) sealed the victim’s head and face face while drinking the victim several times on the ground that the victim D (the age of 52) refuses to enter the her mother, and (b) caused the victim’s injury, such as influence and closure of the light bones, which requires treatment for about 28 days.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

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

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

1. Where the reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence (the scope of recommending punishment) is the mitigated area (two to one year), the mitigated area (two to one year), the penalty is not (including a serious effort to recover damage), or considerable partial damage is recovered (the decision of sentencing is inappropriate in light of the circumstances, motives, etc. leading to the commission of the crime, and the degree of injury is not that provided for in Article 62(1) of the Criminal Act.

It is also recognized that there is no record of criminal punishment beyond the fine, and since 2008, there is no record of criminal punishment due to the crime of violent tendency.

In full view of the aforementioned circumstances, the Defendant’s age, character and conduct, intelligence and environment, motive, means and consequence of the commission of the crime, and the circumstances after the commission of the crime, the sentence as ordered shall be determined by comprehensively taking into account all the circumstances that are conditions for the

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