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(영문) 부산지방법원 2016.07.21 2016고단2848

특수상해

Text

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

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 3, 2016, the Defendant, at around 14:50 on June 3, 2016, drinked the Victim E (44 tax) and alcoholic beverage at the “D” restaurant located in Busan, Jin-gu, Busan, and the Defendant, who was aware of, was the subject of a decoration from the person who suffered damage, “I would like to immediately see this.”

In the words "I have a spirit of the last day, I will knee" and knee knee knee knee knee knee knee knee.

“I am Ra” from the victim, “I am Ra’s horses,” and am son, the head part was 1, and the main part of the victim’s head was knifeed, and the victim’s head part was knifeed, and the victim’s chest and face part was flicked.

As a result, the Defendant carried dangerous articles with the victim and inflicted injury on the victim, such as cutting down or closing the bones of the left-hand body in need of treatment for about five weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspects of E;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Articles 258-2 (1) and 257 (1) of the Criminal Act, the choice of punishment for a crime under the relevant Article of the Criminal Act, and the choice of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act and Article 9 (2) of the same Act to mitigate small amount;

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

1. Consideration of protection and observation, and consideration of the fact that the victim’s injury for the reason of sentencing under Article 62-2 of the Criminal Act is relatively heavy, but the victim has agreed with the victim, and that all of the crimes are committed against himself/herself;