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(영문) 부산지방법원 2018.04.11 2018고단86
특수상해
Text

1. The defendant shall be punished by imprisonment with prison labor for eight months;

2.Provided, That the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 14, 2017, at around 01:30, the Defendant, along with the victim D (25 years old) who was a succeeding ship in the restaurant in Busan-gu Busan-gu, Busan-do, was punished for a dispute. On the other hand, the Defendant: (a) caused the victim’s head by gathering the disease, which is a dangerous object on the consignee; (b) caused the victim’s knee portion, etc. to walk up several times; and (c) caused the victim’s injury, such as two open wounds, which requires approximately two weeks of treatment.

Accordingly, the defendant carried dangerous objects and injured the body of the victim.

Summary of Evidence

1. Statement by the defendant in court;

2. Statement made by the police against D;

3. A complaint;

4. Application of Acts and subordinate statutes of a medical certificate;

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

2. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

3. Article 62 (1) of the Criminal Act on the suspension of execution;

4. Reasons for sentencing under Article 62-2 of the Criminal Act to order observation of protection.

1. The scope of applicable sentences under law: Imprisonment with prison labor for not less than six months nor more than five years;

2. The sentencing criteria are not set for the crimes of this case, for which the sentencing criteria are not set.

In this case, it is not good that the defendant injured the victim by drinking alcohol together with the victim by drinking his head as a small-scale illness, etc., and the nature and circumstances of the crime are not good.

It seems that the risk of the small-scale illness used as a tool for the crime might have been increased, and if it was brupted, the victim could have been more damaged.

Due to the criminal act of the defendant, the victim seems to have suffered considerable mental shock and pain in addition to physical damage.

Nevertheless, the defendant does not compensate the victim for damages or receive a letter of suspicion.

Furthermore, the defendant seems to have been punished for violent crimes in the past three times.

However, the defendant committed the crime of this case in a dynamic manner with the victim's desire while drinking, and the victim committed the crime of this case.

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