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(영문) 부산지방법원 서부지원 2020.04.24 2019고단2235
특수상해
Text

[Defendant A] The defendant shall be punished by imprisonment for six months.

However, for one year from the date this judgment becomes final and conclusive, the above sentence shall be executed.

Reasons

Punishment of the crime

B is an employee of D's main office in Busan Northern-gu C, and the defendant A is the customer of the main office.

Defendant

A around 03:00 on September 17, 2019, around 03:00, around the same week, he tried to enter the room of other customers who are not the defendant's room under the influence of drinking and drinking. The victim B (the age of 40) who discovered it started a fighting with the victim when he gets the arms of the defendant A, and the victim B (the age of 40) started a fighting with the victim when he puts the arms of the defendant, and the defendant A puts the fighting with the victim, and then the victim's face was 3 times at the victim's own drinking, and the victim's face was flick, a dangerous object in the corridor, and the knick knick knick knick knick knick.

As a result, Defendant A carried dangerous objects and inflicted an injury on the victim, such as the victim's wife, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report, violence against A, and smuggling and knife which are dangerous objects;

1. Application of the Acts and subordinate statutes to photograph CCTV images in a DNA store;

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. Article 62 (1) of the Criminal Act;

1. The crime of this case on the grounds of the sentencing of Article 62-2 of the Criminal Act, such as probation, community service order, and order to attend a lecture, prevents the victim from attempting to enter the room of another customer while under the influence of alcohol, and causing bodily injury to the victim by taking the victim's face, is a bad, in light of the circumstances and methods of the crime.

However, the defendant shows the attitude to recognize and reflect the crime, and there was no record of punishment exceeding the fine, and even though it did not occur a serious result due to the crime of this case.

Along with the victim, the agreement was reached.

The age, character, conduct and environment of the defendant, and this.

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