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(영문) 부산지방법원 동부지원 2017.03.16 2016고단470 (1)
특수상해
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 30, 2016, at around 22:40, the Defendant, within C convalescent C, 502, and on the ground that the victim D (58 taxes) hospitalized in the same room, brought about a dispute with one another, and brought about the victim's face due to drinking, and continued to put the victim's back head and back the victim's back head and back with a car k-kick, which is a dangerous object in the surrounding area.

As a result, the defendant injured the victim with dangerous things, such as a two-time open wound, which requires approximately three weeks of medical treatment.

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 criminal investigation report (Evidence No. 17-19 of evidence records), a criminal investigation report (victim’s telephone statement), and a criminal investigation report (report attached to a medical certificate);

1. Article 258-2 (1) of the Criminal Act and Article 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. The reason for sentencing under Article 62(1) of the Act on the Suspension of Execution ( Taking into account the favorable circumstances in which the sentencing is considered) is as follows: (a) the instant crime committed in the course of the instant case was committed by the victim with a car knife, which is a dangerous object, with an injury to the victim, such as a two-time open situation requiring treatment for about three weeks; (b) the offense is disadvantageous to the nature

However, it is more favorable to the fact that the defendant recognized the facts charged and seriously reflects the fact that the victim used the defendant, the injury suffered by the victim was completely cured by receiving free treatment, and the defendant was subject to a relatively minor fine after around 1989, and there is no record of criminal punishment except for a crime subject to a relatively minor fine after around 1989.

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 Criteria] Special Sentencing: Crimes of Violence, General Bodily Injury, Type 1 (General Bodily Injury), Deadly Weapons, and Other Dangerous Articles, etc.

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