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(영문) 부산지방법원 동부지원 2017.06.29 2017고단34
특수상해
Text

A defendant shall be punished by imprisonment 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

On November 22, 2016, at around 20:15, the Defendant expressed the victim C (61 years of age) who was drinking alcoholic beverages at the place and performed alcoholic beverages in combination with the victim C (61 years of age) who was drinking alcoholic beverages at that place, without any justifiable reason, the Defendant expressed the victim and his/her daily performance “Cropty, frat, frat, frat, and frat,” and then expressed the victim’s “fratty, such as frat, frat,” from the victim to the victim’s “fratty,” without any reason.

As a result, the Defendant, carrying a dangerous object, assaulted the victim with an illness, and led the victim to open wound in the area around the snow and snow that requires treatment for about two weeks.

Summary of Evidence

1. The legal statement of the witness C;

1. Application of Acts and subordinate statutes to an investigation report, photographs related to the degree of injury to a victim, investigation report (attached documents, etc., such as a medical certificate of injury), medical certificate of injury, and prescription;

1. Article 258-2 (1) of the Criminal Act and Article 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 (The following sentencing shall be taken into consideration in favor of the people in mind):

1. The community service order under Article 62-2 of the Criminal Act;

1. Article 32(1)3 and (2), Article 25(3)3 of the Act on Special Cases concerning the Promotion, etc. of Lawsuit for Dismissal of Application for Compensation (the scope of liability to compensate is not clear, and thus, it is not reasonable to issue an order for compensation in the criminal proceedings of this case) / Defendant and defense counsel asserts to the effect that there is no time when the victim’s interest is transferred to the victim due to an illness, as stated in the facts charged.

However, the following circumstances acknowledged by the evidence duly adopted and examined by this court, namely, the Defendant and the victim scam together with each other while drinking alcohol as stated in the facts charged, and the victim seems to have suffered a wound within the above main point.

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