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(영문) 부산지방법원 서부지원 2020.01.09 2019고단1049
특수상해
Text

A defendant shall be punished by imprisonment for not less than eight months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 6, 2019, at around 20:10, the Defendant boarded the bus stop in front of the bus stops in Busan Northern-gu B, Busan, and thereafter, the Defendant resisted the bus engineer on the ground that the plastic finial finite, which contained two bottles in the cattle boarding the bus, and the victim D (56 years old) who was a bus passenger who observed this examination, called "Tin-si, A. C., I., I., I., I., I., I., I., I., I., I., I., the Defendant sustained the victim's finite of the head of the victim who would like to display the confidential final finite, which is a dangerous object, and caused damage to the finite of the head of the victim who would require approximately two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of the Acts and subordinate statutes to photographs of the damaged field, a written diagnosis of injury, and CCTV images-cape 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 for discretionary mitigation;

1. The crime of this case on the grounds of sentencing under Article 62(1) of the Criminal Act is a plastic finite with which the defendant was a dangerous object, and the victim inflicted bodily injury to the extent that the victim was used on the floor in light of the content of the crime, degree of damage, etc.

On the other hand, the defendant led to the confession of the crime of this case, and the defendant did not have any record of being punished for the same crime or of being sentenced to imprisonment without prison labor or heavier punishment, and agreed with the victim.

In full view of these circumstances, the sentencing conditions indicated in the records of this case, including the background of the crime of this case, the circumstances after the crime, the age, happiness and state of health of the defendant, etc., shall be determined as ordered.

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