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(영문) 부산지방법원 2017.02.15 2016고단2027
특수상해
Text

Defendant

A shall be punished by imprisonment for eight 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 April 8, 2016, the Defendant: (a) around 22:40 on April 22, 2016, along with the victim D (45 tax) who was frighten in the inn of Busan-gu C, Busan-gu, the Defendant: (b) frightened the victim with a dangerous object that was at the time of drinking alcohol, and (c) frightened the victim’s hand, etc., who prevented the victim from drinking; and (d) frightened the victim’s face, the Defendant frightened the victim by drinking the victim’s hand, etc. on the number of days of treatment.

Summary of Evidence

1. The respective legal statements of the defendant and his superior defendant D;

1. Application of Acts and subordinate statutes to the investigation report (a photograph of the upper part);

1. Article 258-2 of the Criminal Act applicable to the facts constituting an offense and Articles 258-2 and 257 (1) of the Criminal Act that choose a penalty;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. The crime of this case on the grounds of sentencing under Article 62(1) of the Criminal Act is deemed to have inflicted an injury on the victim as a major injury or injury on the part of the defendant who was in danger of fighting with the victim, and the nature of the crime is bad.

However, the sentence identical to the order shall be determined by comprehensively taking into account the following factors: (a) the defendant reflects the defendant; (b) the victim was not subject to the punishment of the defendant; (c) the victim was not subject to a suspended sentence or heavier; (d) the degree of injury to the victim; and (e) the defendant's age, occupation, sex, sex, family relationship; (e) the motive and circumstance before and after the crime; and

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