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(영문) 부산지방법원 동부지원 2017.02.08 2016고단1093

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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 10, 2016, at around 22:50, the Defendant suffered a dispute between the Victim F (49 years of age) and the alcohol in the Southern-gu Busan metropolitan area No. 1. 22.2.50, the Defendant suffered an injury to the Victim F (49 years of age) by gathering the free cup, which is a dangerous article on the table, and caused the Victim’s head to whom the date of treatment cannot be identified.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police officer with regard to F, and each protocol concerning the examination of suspects by the prosecution;

1. Each police statement made with respect to G and H;

1. Investigation reports, eight on-site photographs, investigation reports (attached to suspect F, diagnosis reports, and records of emergency medical treatment in an emergency room), certificates of outpatient medical treatment, records in an emergency room (1, 2), the place of emergency services, and the application of Acts and subordinate statutes governing the place of hospitalization records;

1. Article 258-2 (1) of the Criminal Act and Article 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 stay of execution (The following sentencing shall be taken into consideration in favor of the people in mind):

1. The crime of this case on the grounds of sentencing under Article 62-2 of the Criminal Act with regard to the order to attend a lecture or the order to provide community service order was committed by the victim’s head, and the crime is disadvantageous to the victim’s head.

However, there are more favorable circumstances such as the fact that the defendant recognized the facts charged, that the defendant agreed with the victim, that the defendant has no record of criminal punishment except for two different types of fines (before 1993), and that there is no record of criminal punishment.

In addition, the defendant's age, sex, environment, means and result of the crime, and the circumstances after the crime, etc. shall be determined as ordered by taking into account the various sentencing conditions in the trial process of this case.

[Sentencing Criteria] Special Sentencing: Crimes of Violence, General Bodily Injury, Type 1 (General Bodily Injury), Deadly Weapons, and Other Dangerous Articles, etc.