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(영문) 부산지방법원 2017.12.21 2017고단4251

특수상해

Text

A defendant shall be punished by imprisonment for not more than ten 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 August 22, 2017, at D main points located in the Dong-gu Busan Metropolitan City, Busan Metropolitan City, around 00:15, the Defendant expressed the victim F(46 tax) statement to the police officer called “I must go to n't in doing harm,” and put the victim out of plastic material, which is a dangerous object, into line with the victim’s snow, and led the victim to an internal autopsy and the surrounding open environment that require approximately two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police with regard to F;

1. Application of Acts and subordinate statutes of the investigation report (including photographs and diagnostic notes attached to the upper part, and evidence attached thereto);

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 reason for sentencing under Article 62-2 of the Criminal Act, Article 44-2 of the Medical Care and Custody Act, and Article 62-2 of the Act on the Medical Care and Custody, Etc., on the sole basis of the fact that the Defendant committed the instant crime even though he/she was a police officer on the part of the police officer on the receipt of a report even though he/she had a number of records of violent crimes and had been punished by a prison sentence, and that the injured person sought the punishment of the

It is advantageous to the fact that the defendant has deposited 1.5 million won for the victim while viewing the fact of the crime and reflecting it.

Comprehensively taking account of the criminal history of the defendant, the background of the crime in this case, the results of the sentencing by the court investigator, etc., the drinking behavior committed by the defendant in the evidence of alcohol of the defendant appears to be one of the important causes of the crime in this case, and the necessity of medical treatment for the increase of alcohol content is recognized, and thus, the medical treatment order is issued for the prevention of recidivism or the effective rehabilitation

In addition, the circumstances and means of the instant crime are as follows.