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(영문) 부산지방법원 2017.07.07 2017고단1406
특수상해
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On February 14, 2017, around 06:45, the Defendant 06:45, at the Plaintiff’s musical shop located in Busan So-gu Busan, performed drinking together with the Victim E, and went through drinking and drinking at the place of business and drinking. The Defendant determined that the Defendant was in charge of drinking and drinking by misapprehending that the victimized person was in charge of drinking the victim’s head, b) the victim’s head, knife the victim’s head, knife the victim’s chest, etc., and b) the victim’s breast, etc., was flicked once by a two main disease, which is a “hazardous object” on the table, and b) the victim’s head, and b) the victim’s head, flick, and flick, respectively, b) the victim’s head, who was in charge of drinking and drinking.

As a result, the Defendant carried dangerous objects with the victim's eye and fresh fever (e.g., 5cm) (around 4 weeks medical treatment).

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspects of E;

1. The investigation report (1) and the application of each photographic statute;

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

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

1. The reason for sentencing under Article 62-2 of the Criminal Act on the observation of protection and observation is as follows: (a) in 2014, even though benefited by the law such as a disposition of suspension of indictment due to injury to other persons, the crime of this case was committed again; (b) the injury was not caused between the two parties; and (c) the crime of this case was committed by unilateral violence of the defendant (the victim was subject to a disposition that is not a crime by legitimate defense); (d) there was no criminal record exceeding the fine; (e) there was no criminal record beyond the fine; (e) the victim had been treated as a victim who was treating alcohol addiction by his/her family members; and thus, (e) the victim would be deemed to have caused the end of the period; (e) the victim’s social relative relationship can be known through a series of coal applications; and (e) the victim is paid the victim’s compensation amount of KRW 10 million.

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