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(영문) 부산지방법원 2017.04.21 2016고단8473
특수상해
Text

The punishment of the accused shall be determined by a year of imprisonment.

However, the above sentence shall be executed for a period of three years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On November 23, 2016, the Defendant, at a restaurant (hereinafter “C”) located in the 1st floor in Busan Jung-gu, Busan (hereinafter “Seoul”) around November 23, 2016, performed a dispute under the influence of alcohol with the victim D(57 years of age) while drinking with the victim D(the victim D(the victim D(the victim D). On November 23, 2016, the Defendant brought an injury (the number of days of treatment) that caused the victim’s face to tear at three parts of the victim’s right eye.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of D;

1. The investigation report (time 7) and the application of each photographic statute;

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

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

1. The reason for sentencing under Article 62-2 of the Criminal Act on the observation of protection and observation is that the victim does not want to be punished; on the other hand, the crime of lowering the face of a person due to an empty injury is a very heavy behavior among violence; and even if the defendant was issued a disposition of suspending indictment due to violence even in 2015, he/she again commits the instant crime, taking into account the matters prescribed in Article 51 of the Criminal Act.

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