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(영문) 부산지방법원 2019.10.07 2019고단3364
상해
Text

A defendant shall be punished by imprisonment for six months.

However, 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

At around 21:40 on May 15, 2019, the Defendant suffered injury to the victim, such as d (the age of 59) and frightened from the streets prior to the Busan Metropolitan City Written Office located in Cbank B, Busan, the Defendant left the victim D (the age of 59) who had not been present as a witness of the sex offense case of the Defendant, and frighted the victim's face due to her head, and frighted the victim's body due to her head, and fright the victim to fright her head, the Defendant suffered injury to the victim for about three weeks, such as flas, which requires approximately three weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of police suspect regarding D;

1. A written diagnosis of injury;

1. Statement of opinion;

1. Application of the photographic Acts and subordinate statutes;

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

2. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the “justifiable circumstances”) of the suspended sentence.

1. The scope of applicable sentences by law: Imprisonment with prison labor for not more than seven years;

2. Scope of recommendations according to the sentencing criteria: Imprisonment with prison labor for not less than four months, but not more than one year and six months (decision of a type): General injury resulting from violent crimes [category 1] General injury [Special Aggravationd]: Reduction of motive for committing a crime: In a basic area of punishment not subject to punishment [the scope of recommending area and recommendation range]: April to June.

3. The Defendant rendered a sentence of sentence, on the ground that he did not appear as a witness to give favorable testimony to the victim in his trial, and assaulted the victim with respect to his character.

The motive of crime is not good.

The degree of injury of the victim is also not easy to see the degree of injury of the victim.

The defendant has a history of being subject to criminal punishment, up to ten hundreds of order or criminal punishment.

These points are disadvantageous to the defendant.

However, the defendant seems to have led to confession and reflect on the crime of this case.

At the stage of investigation, the victim does not want the punishment of the defendant.

The defendant's crime of indecent act by compulsion after release in 2005 is more severe than a fine than a fine, except a suspended sentence of imprisonment.

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