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(영문) 부산지방법원 2017.09.21 2017고단3193
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 January 7, 2017, the Defendant: (a) performed mixed alcohol in the “D cafeteria” located in the Geum-gu Busan Metropolitan City, on the grounds that the victim E (n.e., 41 years of age) who performed drinking on the side table table and the conduct of drinking is slick; (b) collected sprinks, which are dangerous objects in one’s table; and (c) faced with the victim’s back wall, and the number of sponsed the victim’s end.

As a result, the Defendant carried dangerous things with the victim and inflicted an injury upon the victim, such as an open wound, which requires two weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and F;

1. A investigation report (3) and a investigation report (CCTV confirmation case);

1. Application of Acts and subordinate statutes confirming medical treatment;

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

1. Article 53 and Article 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 53 and 55 (1));

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence is that the case was committed by the defendant without any special reason and causes others to be injured by the defendant, taking into account the fact that the defendant was a dangerous object, and thus, the defendant's liability for the crime is heavy: Provided, That the defendant is closely against the defendant's mistake; the defendant has made repayment of damages to the victim and agreed to do so; the defendant did not have the same criminal record except for the defendant received a summary order of KRW 300,000 as a crime of assault on March 14, 2012; there was no record of punishment after the above summary order; and the defendant's age, character and conduct, environment, etc.,

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