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(영문) 부산지방법원 동부지원 2018.02.22 2018고단42
특수상해
Text

A defendant shall be punished by imprisonment with prison labor 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

The Defendant, at around 03:40 on August 13, 2017, the Defendant, while drinking alcohol together with the victim D (S) who is the owner of the above main shop at around 03:40 on August 13, 2017, said Defendant would not drink alcohol.

On the ground that he entered the port to the port, he saw a knife knife (20cc in length on the knife) which is a dangerous object on the knife, and caused the victim's left part to have the number of days of treatment.

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 internal investigation (including the details of such report, etc.), internal investigation reports (damage load and field photographs), and investigation reports (a knife photograph for the purpose of arrest and escape);

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 stay of execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. The crime of this case on the grounds of sentencing under Article 62-2 of the Social Service Order Criminal Act is an unfavorable circumstance, such as the following: (a) the victim’s knife knife knife with a knife, which is a dangerous object, damaged the victim’s knife part of the knife with a knife up to 20cm length; and (b) the victim seems to have suffered a considerable mental

However, there are more favorable circumstances such as that the defendant's recognition of facts charged is seriously against the defendant, the degree of injury of the victim is not significantly serious, the defendant's agreement was reached smoothly with the victim, and the defendant has no record of punishment exceeding the fine.

In addition, the defendant's age, sex, environment, means and result of the crime, and the circumstances after the crime, etc. of this case shall be determined as ordered by taking into account the various sentencing conditions in the trial process of this case.

[Sentencing Criteria] - Violence Crime Group, General Injury, One Type (General Injury), and General Injury.

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