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(영문) 부산지방법원 서부지원 2018.03.22 2017고단1857

특수상해

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 6, 2017, the Defendant: (a) around 22:40, the main point of the “C” located on the 1st floor of Busan Yagu B, and (b) caused a caton from the victim D (53 taxes) who performed alcohol on the side, to the right floor once due to the fact that the caton was prevented; (c) cut off, and (d) caused a cater’s disease, which is a dangerous object on the table, to have the head’s body room where it is impossible to identify the number of days due to the victim’s caton the body part on the table.

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to a report on investigation (the injury of a victim, degree of injury, etc.);

1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;

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

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

1. Although the reason for sentencing under Article 62-2 of the Social Service Order Criminal Act, it is necessary to punish a victim by using dangerous things. However, there is room to take into account the circumstance of the case as the victim first became aware of having been her bucked from the victim, and the victim does not want the punishment; the victim does not want such punishment; the victim is an initial offender who does not have any such criminal history; and the defendant's age, sexual behavior, environment, motive, means and consequence of the crime; and the circumstances after the crime, etc., are considered and sentenced as the order.