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(영문) 부산지방법원 2018.02.07 2017고단5596
특수상해
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On September 12, 2017, the Defendant: (a) around 06:45 on September 12, 2017, the Defendant called “D” restaurant operated by her customer E (36 years of age) and talked about drinking with her customer E (the victim E). On September 12, 201, the Defendant continued to go beyond the victim’s face by her hand; (b) on the part of the victim’s face due to her elbow, the Defendant continued to go beyond the victim’s face by drinking her kne; (c) followed the victim’s face part by knee; and (d) feling the victim’s head head as a tree, who is a dangerous object at that place, made up the victim’s head part of the victim’s head, who is in need of treatment for about four weeks.

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Legal statement of witness E;

1. Application of Acts and subordinate statutes of each injury diagnosis letter;

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 crime of this case on the ground of sentencing under Article 62-2 of the Social Service Order Criminal Act is a person of a tree who is a dangerous object as above, and thus, the victim suffered injury requiring medical treatment for about four weeks due to the victim's taking away from the body of the head of the victim. The crime of this case is serious.

However, considering the fact that the defendant is against the defendant, the fact that the defendant has agreed smoothly with the victim, the defendant's age, sexual conduct, environment, family relationship, motive and consequence of the crime, circumstances constituting the conditions of sentencing as shown in the argument of this case, etc., the sentence like the order shall be imposed.

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