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(영문) 부산지방법원 서부지원 2017.10.12 2017고단1146
특수상해
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Seized evidence 1 or 2 shall be confiscated.

Reasons

Punishment of the crime

On September 2, 2017, the Defendant: (a) on September 22, 2017, at the Fjum operated by the Fjum in Busan, Seo-gu; (b) there was no money drinking alcohol at the Fjum; (c) and (d) the Defendant’s multiple monds were assigned to E to E and returned to the house as a security for the drinking value including the credit rating not paid to the said main points during that period; and (c) on September 3, 2017, the next day was left to E and returned to E; (d) the Defendant was willing to return to E by threateninging E; (c) the Defendant’s blade (24 cm on the day blade, 13 cm on the day blade; and 11 cm on the day knife) and the knife (13 cm and knife) which are dangerous things at the Defendant’s home.

Around September 11:00 on September 3, 2017, the Defendant issued an order to provide alcohol to the victim “I” serving as the victim H(63 tax) working for the victim H(63) located in Seo-gu, Busan at around 11:0 on September 3, 2017, because the Defendant had the above food blade and transitioned and waited for E in the vicinity of E, and caused the victim to suffer injury, such as the heat of face, requiring approximately one week treatment.” However, the Defendant issued an order to provide alcohol to the victim on the ground that the victim, who was under the influence of alcohol, did so to the Defendant and show it out from the outside, on the same day, at around 11:14 on the same day, he saw the victim again into the above restaurant and carried the victim in his hand, and then brought about injury to the victim, such as the victim’s opening of face requiring approximately one week treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. A protocol of seizure and a list of seizure;

1. Application of Acts and subordinate statutes to a report on investigation (Attachment of a written diagnosis of a victim);

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

1. Reasons for the sentencing of Article 48(1)1 of the Confiscation Criminal Act [the scope of the sentencing guidelines] - The mitigation area (one type (one year to two years) of the special injury resulting from repeated injury (special injury resulting from repeated injury) - The special mitigation area: the defendant is not subject to the punishment (determination of sentence], the defendant uses a lethal weapon, and the defendant has agreed with the victim when considering the record of the previous crime committed by the defendant.

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