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(영문) 부산지방법원 2019.03.20 2018고단2480
특수상해
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

At around 18:00 on April 23, 2018, the Defendant: (a) filed a dispute over the loan problem with the victim D (n, 40 years of age) who is the spouse in Busan District B Apartment C, Busan District, on the ground that the Defendant was employed by the victim; (b) the Defendant was faced with the victim by gathering the ridge and gate, which is a dangerous object in the room, and the gate and gate, had the victim go up to the direction of the victim; (c) had the head of the victim go up to 4:5 times on the floor; and (d) had the son (p, 47cm, height 47cm) who is a dangerous object in making the neck of the victim several times and faced with the victim's head, and opened approximately three weeks of treatment to the victim in accordance with the head of the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. Investigation report (the victim's upper part of his body pictures and letters with the suspect) (the witness D's legal statement is reliable, and the defendant is deemed to have committed an intentional injury to the victim with the victim's interest. The defendant's assertion that the victim was willing to prevent the victim from being misled is not oral, in the situation where the defendant abused the victim, the defendant's assertion that the victim was willing to do so is not oral. The criminal facts are acknowledged according to the above evidence) shall be applied to the law.

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

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act appears to have been used several times against the victim even before the instant case, and committed a crime during the suspension period.

In the situation where there are children, the Defendant used serious violence to the victim, and was faced with the victim with the suspect who was in need of urgency, and was injured by the victim, which is equivalent to mental abuse of the child, as well as the injury to the victim.

In consideration of the fact that the victim desires to take a preference against the defendant, the range of statutory punishment has been reduced only once.

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