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(영문) 부산지방법원 서부지원 2018.01.18 2017고단1547
특수상해
Text

A defendant shall be punished by imprisonment for six 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 August 10, 2017, the Defendant, at around 21:33, sustained two parts of the victim’s head at the “C coffee shop”, and the victim D (n, 45 years old), which is a dangerous object from another male, was reported to the victim D (n, e.g., 45 years old) with another male, and had two parts of the victim’s head at a height of 15cc and 10cc in diameter, thereby causing injury to the victim, such as damage to two parts of the victim’s head which require treatment for about two weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A report on investigation;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

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 suspended execution;

1. An agreement with the victim on the reason of sentencing under Article 62-2 of the Criminal Act of the community service and order to attend a lecture is made, taking into account the circumstances that the defendant was the first offender who has not committed a previous offense, the degree of injury to the victim, and taking into account other factors favorable to the defendant's age, sex, environment, motive and means of crime, and result, etc., and the various conditions of sentencing as shown in the arguments of this case, including the circumstances after the crime

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