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(영문) 부산지방법원 2021.01.13 2020고단4447
특수상해
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 15, 2020, the Defendant: (a) around 20:30, at a main station in Busan, without a trade name in Busan, and (b) around 20:30 on October 15, 2020, when the injured party, while drinking alcohol together with D, went against the Defendant, the Defendant left the body of the injured party, which is a dangerous object on the b) the b) the body of the injured party, and had approximately two weeks of medical treatment on the left side of the injured party.

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 C;

1. Investigation report (to have telephone conversations for witnesses);

1. A written diagnosis of injury;

1. Application of statutes on site 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. The reason for sentencing under Article 62(1) of the Criminal Act under Article 62(1) of the Act on the Suspension of Execution was that the victim suffered serious bodily injury in light of the victim’s snow teared, and the victim sustained several times.

However, the punishment as ordered shall be determined by comprehensively taking into account the fact that the defendant is waiting for committing a crime and agreed with the victim, and the motive, method, and result of the crime.

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