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(영문) 부산지방법원 2018.10.31 2018고단3890
특수상해
Text

A defendant shall be punished by imprisonment for six 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 August 9, 2018, the Defendant: (a) at the C coffee shop located in Busan Jung-gu, Busan on August 22 and 30, 2018, the Defendant: (b) while speaking that the victim D (57 aged) and friendly E are wrapping each other, the Defendant: (c) faced the victim with a signboard at the victim’s head at the victim’s own food; (d) pushed the victim with a signboard at the victim’s head; and (e) with a dangerous object, and (e) caused the victim’s injury to the victim, such as an open top, which requires approximately three weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes to each investigation report (Evidence Nos 2 and 6);

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order [the scope of recommended punishment] The mitigated area (4 months to 1 year) of Class A (Special Bodily Injury) of the mitigated area (4 months to 1 year) [the person subject to special mitigation] of punishment [the decision of sentence] is contrary to the mitigated area, the victim was injured by each item which is a dangerous object, the degree of injury suffered by the victim, etc.

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