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(영문) 부산지방법원 2018.08.23 2017고단6415

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 November 14, 2017, at “C cafeteria” located in Busan Jung-gu, Busan, on November 17, 2017, the Defendant listened to the victim E (hereinafter “D”), who was an employee working in “D”), who expressed his/her desire not to pay wages on the date promised by the victim E (hereinafter “D”), who is an employee working in D, who was in operation by the Defendant, and was suffering from the victim’s face by gathering a small-scale disease, which is a dangerous object on the table. After the victim avoided it, the victim took the victim’s face out of the restaurant and took the victim’s face and took the victim’s frighting part and took the victim’s face to fit the victim’s c and the part, thereby causing an injury to the number of days of treatment, such as festing the victim’s nicotine and the part of the alcohol and the part of the therapy.

Summary of Evidence

1. Statement by the defendant in court;

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

1. A protocol concerning the interrogation of suspects of E (including cross-examination);

1. Application of Acts and subordinate statutes to standing parts and field photographs;

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 instant crime on the grounds of sentencing Article 62-2 of the Social Service Order Criminal Act is not set with sentencing guidelines.

On February 18, 2016, the Defendant was sentenced to six months of imprisonment with prison labor for a crime of special cases concerning the punishment, etc. of sexual crimes at the Suwon Flag method and was sentenced to two years of suspension of execution on February 26, 2016, and the judgment became final and conclusive and conclusive on February 26, 2016, and was in danger of the instant crime was committed during the suspension of execution, and the Defendant committed the instant crime.

At the time of the case, whether the injured party does not want the punishment of the defendant (at the time of the case, 50 pages of evidence record), the agreement submitted to the court following the change of the agreement is not authentic, but is desired to punish the defendant (the court investigator's findings of investigation), the defendant shows the attitude to recognize and reflect the fact of the crime, and there is no record of violent crime, and the circumstances of the crime of this case are