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(영문) 부산지방법원 2017.08.10 2017고단2163
특수상해
Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who resides in the “D Public Notice Board” operated by the victim C (75 years).

At around 17:40 on March 30, 2017, the Defendant: (a) at the front of the “D Public Notice Center” located in the Busan East-gu, Busan-gu, the Defendant: (b) at the same time, had a talk about the victim; (c) had a talk about the victim; and (d) had a string down the victim’s left arms on the ground floor; and (d) had the victim’s left arms on one occasion, which are dangerous objects, cut down on the ground floor; and (e) had the victim cut down the 42-day back at the bottom of the upper frame, which requires treatment for about 42 days.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. A written statement;

1. Application of Acts and subordinate statutes to photographs and diagnostic instruments;

1. Articles 258-2 (2) 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. The reason for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act appears to have committed the instant crime by contingency as the Defendant was threatened to the injured party, and the victim agreed with the Defendant and did not want to be punished, the Defendant appears to have committed the instant crime, the Defendant appears to have committed the crime, the Defendant has no criminal history above imprisonment without prison labor, and other circumstances, including the motive and background of the instant crime, circumstances after the crime, the Defendant’s age, sexual behavior, environment, etc., and the conditions for sentencing under Article 51 of the Criminal Act as stated in the records and arguments, shall be determined as ordered.

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