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(영문) 부산지방법원 서부지원 2018.11.30 2018고단2211

특수상해등

Text

A defendant shall be punished by imprisonment for six months.

Of the facts charged of this case, the prosecution against assault is dismissed.

Reasons

Punishment of the crime

On October 20, 2018, the Defendant already paid the drinking value to the Defendant, when the Defendant, while drinking alcohol together with the victim D (40 tax) in the “C” restaurant located in the Busan Northern-gu B, Busan, around October 20, 2018, paid the drinking value.

The claim shall be made to the injured party “A, N, N, N, and N, N, N, and N, N.

20,000 won was paid.

The phrase “” shall be heard the word “bretains of the kitchen (30.7 cm in total length, 19 cm in length) which is a dangerous article in the kitchen of a restaurant, and the victim shall be discarded by putting the death of the brush inp.

In threatening “The victim, who had been trying to display the kitchen knife and prevented it, had been injured by the number of days of treatment, such as the fingers of the unclaimed port, the fingers of the kitchen.”

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or E;

1. Application of each Act and subordinate statute to investigation reports and photographs;

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

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

1. Where the scope of the recommended punishment [the scope of the recommended punishment] on the sentencing guidelines, the scope of the punishment [the scope of the punishment [the scope of the punishment], the area of mitigation (four months to one year), the area of mitigation (the area of special injury] (including the amount of special mitigation), the penalty not (including the serious effort to recover damage), or considerable damage has been recovered;

2. The Defendant, who has been sentenced to punishment for violent crimes, committed again the instant crime even though he had been sentenced to punishment more than three times, and in particular, committed the instant crime even though he had been sentenced to three times of suspended execution, and the Defendant committed the instant crime, which is disadvantageous to the Defendant, such as the following: (a) the Defendant committed the instant crime; (b) the Defendant was aware of the commission of the instant crime; (c) the degree of injury of the victim was relatively heavy; (d) the Defendant agreed with the victim; and (e) the Defendant did not want to punish the Defendant; and (e) taking into account favorable circumstances, such as the fact that the victim did not want to punish the Defendant; and (e) taking into account all the other factors