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(영문) 부산지방법원 2016.06.27 2016고단2514

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 March 21, 2016, the Defendant: (a) around 21:00, on the ground that the victim C(49 tax) in the north-gu Busan metropolitan area had drinking alcohol together with the victim; and (b) the victim was satisfying the victim’s head on one occasion on the part of the defendant’s head; (c) the victim was satisfying the victim’s head on one occasion on the part of the victim’s head; and (d) the victim’s head was satisfyed by hand on the part of the victim’s head.

As a result, the defendant carried dangerous objects and carried them inside the victim's mind of treatment date.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspect C by the police;

1. C Application of C’s photographic Acts and subordinate statutes

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. The crime of this case on the grounds of sentencing under Article 62(1) of the Criminal Code of the Suspension of Execution is serious as the defendant inflicted injury upon the victim's head due to an empty juvenile who is a dangerous object as above, and the crime of this case is serious.

However, the punishment as ordered shall be determined by taking into account all the circumstances that conditions for sentencing, such as the defendant's age, sex, environment, motive and circumstance after the crime, etc., in consideration of the fact that the victim does not want the punishment of the defendant, the fact that there is no criminal record exceeding the fine, and other circumstances such as the defendant's age, sex, environment, motive and circumstance after the crime.