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(영문) 부산지방법원 동부지원 2017.10.11 2017고단1680
특수상해
Text

A defendant shall be punished by imprisonment for not more than ten 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 June 18, 2017, the Defendant: (a) around 19:00 on the street in front of the building in Busan Metropolitan City Shipping Daegu B, and (b) on the street in front of the building in which the victim D (57 taxes) was obsciscated and the victim humped, the Defendant, while putting the victim’s hump and hump on one occasion, continued to put the victim’s hump back on one occasion and continuously put the victim’s hump into a dangerous object in the above building (37 cm in the length of inserted day, 98 cm in the total length), and caused the victim’s injury, such as “conscisfing on the back side of the shoulder and the part of the arms, and on the face,” which require treatment for about 20 days.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to a report on the occurrence of a crime (special injury), investigation report, photographs used in committing a crime, victim's injury part, investigation report (Attachment of a medical certificate), medical certificate, investigation report (pacted C telephone statement) and investigation report (pacted by a shot C

1. Articles 258-2 (1) 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. Article 62 (1) of the Criminal Act on the stay of execution (The following sentencing shall be taken into consideration in favor of the people in mind):

1. The crime of this case with the reason of sentencing under Article 62-2 of the Criminal Code of the Order of Education and the Order of Community Service was committed by using the insertion which is a dangerous object, and the nature of the crime is not good, and the victim seems to have suffered a considerable mental or physical suffering, and the defendant has a criminal record identical to that of the defendant.

However, it is favorable for the defendant to recognize the facts charged, such as the fact that the defendant is seriously against the defendant, the degree of injury of the victim is not very serious, and the fact that the defendant has reached an agreement with the victim smoothly.

In addition, the defendant's age, sex, environment, means and result of the crime, and the circumstances after the crime, etc. shall be determined as ordered by taking into account the various sentencing conditions in the trial process of this case.

[Sentencing] - Violence Crime Group, General Injury, etc.

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