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(영문) 부산지방법원 2017.02.08 2016고단7386
상해등
Text

A defendant shall be punished by imprisonment for one year.

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 September 13, 2016, the Defendant: (a) around 13:55 on September 13, 2016, the victim D (57 years of age) and drinking alcohol (hereinafter “C”) in front of the “C” restaurant located in Geum-gu, Busan; (b) took a bath under the influence of alcohol; and (c) was bread on the part of the victim’s face when the victim’s face cannot be identified.

2. In the above time and place, the Defendant: (a) flicked the victim E (the victim’s 60 years old); (b) flicked the victim’s face, which is dangerous to the victim E (the victim’s fight); (c) flicked the victim’s face by drinking, and (d) flicked the victim’s body, which led to the victim’s failure to know the number of treatment days; and (c) caused the victim’s head’s failure

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of D;

1. Each police statement made to F and E;

1. Investigation report- Application of Acts and subordinate statutes, such as damaged photographs and field photographs;

1. Relevant legal provisions of the Criminal Act and Article 257(1) of the Criminal Act (the point of injury, the choice of imprisonment, and the choice of punishment) concerning the facts constituting an offense, and Articles 258-2(1) and 257(1) of the Criminal Act (the point of special injury);

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. The crime of this case on the grounds of sentencing under Article 62-2 of the Social Service Order Criminal Act is serious in that the defendant inflicted an injury on the victim D as above, and assaulted with golf loans, which are dangerous objects to the victim E, and the crime of this case is committed.

However, the sentencing conditions stated in the records, such as the defendant's age, health, occupation, sex, family relationship, and circumstances before and after the crime are determined by considering the following facts: (a) the defendant is against the defendant; (b) the victims do not want the punishment of the defendant; (c) the victims do not have any criminal records of the same kind and suspension of execution; and (d) the defendant's age

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