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(영문) 부산지방법원 2018.02.21 2017고단5268
특수상해
Text

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

Reasons

Punishment of the crime

On June 30, 2017, at around 03:20, the Defendant, in front of the “Csing shop” located in Busan Jin-gu B, Busan, suffered from the victim D (26 cm) and E and the Defendant, in front of the “Csing shop,” and caused the victim’s injury, such as the math, which requires approximately 3 weeks of treatment, by taking a brick (20cm wide, about 10cm long, about 10cm long) on the face of the victim.

In this respect, the defendant carried a brick, which is a dangerous thing, and inflicted an injury on the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each protocol concerning the examination of suspect of the police against D or E;

1. Application of Acts and subordinate statutes to photographs of an injured person, such as a photograph of the tools of crime, a diagnosis certificate of an injury, a diagnosis certificate of an injury, etc.;

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

1. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act (hereinafter, taking into account the favorable circumstances of the reasons for sentencing) are as follows: (a) the defendant committed an act that may cause serious harm to the body of the victim, such as protruding the body of the victim, etc.; (b) the victim’s fear and degree of injury are not provided; and (c) the victim did not completely recover from damage; and (d) the victim was punished by an act of violence, etc.; (b) the defendant has no record of criminal punishment by an act of violence; (c) the defendant is against the crime; and (d) the defendant’s age, sex behavior, environment, method and method of the crime; and (e) the circumstances after the crime, etc., the punishment shall be determined as ordered in consideration of the sentencing conditions.

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