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(영문) 부산지방법원동부지원 2020.11.06 2020고단1229

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 two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On April 22, 2020, at around 03:15, the Defendant, while drinking alcohol together with the victim D (the age of 43), who was aware of the usual part at the “C” restaurant located in Busan Shipping Daegu B, had the Defendant suffered injury in the number of days of treatment by carrying a dangerous object, such as the victim’s fluencing of the dispute with the Defendant’s fluencing that the victim continued to talk about the Defendant’s her her her flusium.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the police interrogation protocol photographs regarding D;

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 for discretionary mitigation;

1. In light of the reasons for sentencing under Article 62(1) of the Criminal Act, the Defendant’s liability is not somewhat weak, considering the following: (a) details and methods of the instant crime; (b) degree of damage; and (c) the Defendant’s history of criminal punishment due to violent crimes.

However, the sentence as ordered is determined by comprehensively taking into account all the circumstances, such as the defendant's age, character and conduct, environment, motive and circumstance of the crime, means and consequence of the crime, and the situation after the crime, etc., which are conditions for sentencing as shown in the records of this case, are considered as having been committed by contingently while the defendant was fighting at the end of a dispute with the victim, and the victim appears to have committed the crime of this case, and the victim expressed his intention not to want the punishment by agreement with the defendant.