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(영문) 부산지방법원 2018.10.24 2018고단518

특수상해등

Text

1. The defendant shall be punished by imprisonment with prison labor for eight months;

2.Provided, That the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. 특수 상해 (2018 고단 518호) 피고인은 2017. 11. 13. 16:50 경 부산 동래구 B에 있는 피해자 C(60 세) 이 운영하는 ‘D 게임 랜드 ’에서 게임기를 발로 차는 등 행패를 부리다가, 게임기 옆에 있던 위험한 물건인 속칭 ‘ 똑딱이’( 길이 약 15cm , 폭 약 10cm , 두께 약 5cm )를 피해자에게 던져 왼쪽 팔 부위에 맞힘으로써, 피해자에게 약 2 주간의 치료가 필요한 좌측 팔꿈치 열상 등의 상해를 가하였다.

2. In around January 8, 2018, the Defendant, at around 22:40 on January 22:40, 2018, had the victim F (n, 55 years old) in the Busan East-gu, Busan, sought to capture the microphones of other customers while drinking alcohol from “G”, and had the flasing of the disturbance from the person who was damaged by the flasing of the disturbance, had the flascing of the victim’s head, flascing the victim’s head, flading the victim’s head, flading the victim’s head, flading the victim’s flas, and inflicted injury on the victim, such as the victim’s flasing of the flasc, which requires approximately 12 weeks of treatment.

Summary of Evidence

1. Partial statement of the defendant;

2. Each police statement made to H, C, I, J, and F;

3. Application of Acts and subordinate statutes confirming medical treatment;

1. Relevant legal provisions concerning criminal facts;

(a) Specific injury: Articles 258-2 (1) and 257 (1) of the Criminal Act;

(b) The point of injury: Article 257 (1) of the Criminal Act (the choice of imprisonment);

2. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (an aggravated punishment for concurrent crimes with heavy special injury).

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

4. Article 62 (1) of the Criminal Act on the suspension of execution.

5. Reasons for sentencing under Article 62-2 of the Criminal Act to observe and order to observe the protection.

1. The scope of applicable sentences under law: Imprisonment with prison labor for a period of six months to seven years and six months;

2. The sentencing criteria are not set with respect to special injuries for the sentencing.

이 사건은, 피고인이 게임 장에서 게임을 하며 소란을 피우다가 이를 만류하는 피해자 C에게 위험한 물건인 ‘ 똑딱이 ’를 집어던져 상해를 가하고, 또한...