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(영문) 부산지방법원 2017.01.24 2016고단5245
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

On August 8, 2016, the Defendant argued that he did not pay the victim D(55 cm) with his ordinary loan in Seo-gu, Busan Metropolitan City on the ground that he did not lend money between the victim D(55 cm). On the other hand, the Defendant used the kitchen, which is a dangerous thing in the kitchen, (29.5 cm in total and 18 cm in length), and caused the injury of the Defendant, while threatening the victim, who tried to deprive the victim of the number of days of treatment, was about 3.5 cm in the so-called arms where the victim could not know.

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

Summary of Evidence

1. Legal statement of the witness D;

1. A protocol concerning the interrogation of suspect and a written self-defense regarding D;

1. Application of Acts and subordinate statutes to a report on investigation, part of damage, and photograph of the victim of the crime;

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. Article 62 (1) of the Criminal Act on the suspension of execution (including the fact that there is no record of severe punishment and that the victim does not want the punishment);

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