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(영문) 부산지방법원 동부지원 2016.06.24 2016고단456

특수상해

Text

A defendant shall be punished by imprisonment for not more than ten months.

An applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

At around 00:40 on January 22, 2016, at E convenience stores located in Nam-gu, Busan, the Defendant heard from the victim C (Woo, 57 years of age) the phrase “I am hys, hys, hys, hys, hys, hys, hys, hys, hys, hys, hys, hys, and hys, which are dangerous objects in the above warehouse, caused damage to the victim’s hys and hys, which require treatment for about 2 weeks by cutting off the part of the victim’s hys, knick and hys.

Accordingly, the defendant injured the injured person by carrying dangerous objects.

Summary of Evidence

1. Statement by the defendant in court;

1. The respective legal statements of C and G;

1. Application of Acts and subordinate statutes to investigation reports (including the submission, etc. of a written diagnosis of injury) and written diagnosis of injury;

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. On the grounds of sentencing under Article 32(1)3 of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings for Compensation Order (the scope of liability for compensation against an applicant for compensation is unclear and thus, it is recognized that the compensation order in the criminal procedure of this case is not reasonable) the crime of this case is disadvantageous to the following: (a) the nature of the crime is bad; (b) the defendant did not reach an agreement with the victim; (c) the defendant did not have any serious reflectness while denying the facts charged; and (d) the defendant or his family seems to have committed new acts of causing damage, such as searching the victim and witness after the crime.

However, the fact that the defendant seems to have committed a contingent crime by spraying the victim's horses, and the fact that the defendant partially deposited the amount of damage for the victim is a favorable situation.

In addition, various sentencing conditions in the trial process of this case, such as the defendant's age, sex, environment, means and result of the crime, and the circumstances after the crime.