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(영문) 부산지방법원 동부지원 2018.11.08 2018고단1719

특수상해

Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

On June 21, 2018, the Defendant was sentenced to a suspended sentence of three years in the year and June of imprisonment with labor for a special injury, etc. at the Busan District Court, and the said judgment became final and conclusive on June 29, 2018.

On June 16, 2018, at around 04:00, the Defendant’s “C” operated by the Defendant in Suwon-gu, Busan, and the victim D (40 taxes)’s use of violence to the branch of the victim D (40). In order to reach this end, the Defendant reported the victim who was found in the main place of this case, and “C I would like to see the Defendant’s her name, her name, her head, and her head.”

“In doing so, the victim’s face part can be seen as drinking and elbows, and the victim’s face and part can be walked on several occasions, and the victim’s face and part can be taken on several occasions, and the victim’s head part can be collected at one time, which is a dangerous object in the place, and the victim’s head was invadedd by three bits for about six weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by each prosecutor and police with regard to D;

1. Statement made by the prosecution against E;

1. Domestic investigation reports (the attachment of victim DNA photographs), investigation reports (the confirmation of whether the victim was suffering at the time), investigation reports (the attachment of medical records, certificates of diagnosis, etc.), investigation reports (the confirmation of details of the record site of the emergency medical center), investigation reports (the confirmation of the time when the victim was sent to the hospital after the occurrence of the case), records of seizure and seizure, list of seized articles, photographs of seized articles, investigation reports (the submission of victim DNA diagnosis and opinion reports), investigation reports (the F telephone conversations of the victim's sexual disorder), investigation reports (the statement of witness G telephone);

1. Previous convictions: Inquiry into criminal history, investigation reports (the confirmation of the pending case at the time of this case), integrated search of cases, search of Supreme Court cases, and application of Acts and subordinate statutes of this case;

1. Article 258-2 of the Criminal Act applicable to the facts constituting an offense and Articles 258-2 and 257 (1) of the Criminal Act that choose a penalty;

1. Article 37 of the Criminal Act to deal with concurrent crimes: Provided, That this case’s reason for sentencing Article 39(1) (which is between the above crime and the special injury crime, etc. for which judgment became final) is applicable.