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(영문) 부산지방법원 2017.09.13 2017고단3761

특수폭행

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant and the victim D (the age of 27) are between around six months from January 2017 and around June 26, 2017.

On June 30, 2017, from around 20:0 to 23:40 the same day, the Defendant: (a) laid off the victim’s head car, which was a dangerous thing in the state of the victim in Busan-gu, Busan-gu, on the ground that the damaged person’s house from the F building, the domicile of the victim in Busan-gu, did not make his answer to the question of the defendant; (b) laid the victim out the victim’s head car, which was a dangerous thing in the state of the accident; (c) cut the victim’s head car; (d) cut the victim’s house on the part of the victim; (d) cut the victim’s head car; (e) cut the victim’s knife, the victim’s knife and knife knife knife knife knife knife knife knife knife knife knife knif.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of the Acts and subordinate statutes to photographs of investigation reports, on-site photographs, arche photographs, photographs of tools, and portrait photographs;

1. Articles 261 and 260 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Selection of imprisonment with prison labor chosen;

1. Reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution [the scope of the recommended sentence] of the Act on the Suspension of Execution [the scope of the sentence] where the mitigation area (from April to January 1), the mitigation area (including special mitigation person] of punishment (including advanced efforts for recovery of damage), or damage from considerable part of the mitigation area (the decision of sentence] of punishment, six months of imprisonment and suspension of execution of sentence two years of imprisonment;