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(영문) 부산지방법원 2016.08.18 2016고단1930

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 February 3, 2016, the Defendant: (a) around 05:35, from the packaging horse in front of the Busan Yongdo-gu, Busan, with the victim D (36 tax) who fested in alcohol together with the latter c, caused the injury of the head in which the victim’s head was unable to know about the number of days of treatment, when the victim’s head head was fested with a dangerous object on his/her customer, while drinking alcohol together with the victim D (36 tax).

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to report an investigation (investigation into attachment of the victim's statement protocol, investigation of witnesses, investigation of diseases at prices of victims, and investigation into attachment of photographs on the parts above the victim's body);

1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 53 and 55 (1));

1. The reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence are inferior to the applicable law and the nature of the crime. However, the Defendant’s mistake was seriously against the Defendant, and the Defendant agreed with the victim.

In addition, there is no history of punishment for about 10 years to the defendant.

The punishment as ordered shall be determined in consideration of these circumstances, the age, character, environment, etc. of the defendant.