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(영문) 부산지방법원 2018.04.06 2017고단4330

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 July 24, 2017, around 05:00, the Defendant, while drinking with the victim F (FC; hereinafter “FC”) and drinking with the victim F (FC; hereinafter “FC”) on the street in front of the Mat in Busan, Busan, the Defendant left three of the foregoing Et to the roadside in the location where the victim was a victim, putting one of them out to the road of the victim, and putting the shoulder bottle, which is a dangerous object, and putting the victim’s face into a noise.

As a result, the Defendant, carrying dangerous articles, expressed that the facts charged in the inside of the victim are "abscis". However, the injury at the expense of Section 1 is in violation of the bones or the bones scisescis.

Therefore, it is apparent that it is a clerical error, and rather, according to the evidence examined by this court, it is reasonable to see it as an injury, and it does not seem to hinder the defendant's exercise of his/her right to defense by recognizing this fact without any amendment to a bill of amendment.

In the case of injury such as the number of days of treatment, the injury was caused.

[In regard to this, the defendant / the defense counsel did not leave the floor of the defendant's only caused a misunderstanding of his fault, but did not leave the floor, and did not display the shoulderer's disease to the victim.

DaNN

However, in full view of the evidence adopted and examined by this court, the summary of the evidence can be sufficiently acknowledged, and the above assertion by the defendant/defense counsel does not create any reasonable doubt about the acknowledgement of the facts constituting the crime

1. Statement made on F.C.;

1. Application of each photograph/cinematographic output, a seizure protocol, and the statutes of the seizure list;

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. The reasons for sentencing in Article 62-2 of the Criminal Code for observing protection and observation include the criminal records of the same kind of violence, including the criminal records of probation, and the criminal records of the same kind of crime are to display a shoulderer’s face.