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(영문) 부산지방법원 서부지원 2018.02.08 2017고단1652
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 July 24, 2017, around 21:40, the Defendant thought that the victim E (50 cm) who is a workplace club in Busan, would have a hearing of the Defendant at ordinary times, and that the Defendant would have a dangerous object (30 cm in length) which was kept in custody of the Defendant’s vehicle during the process of searching for the victim.

어 손에 집어든 채, 오른쪽 손바닥으로 피해자의 왼쪽 귓가 부위를 1회 때려 피해자에게 약 8주 동안의 치료가 필요한 좌측 외상성 고막 천공 등 상해를 가하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Seizure records;

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. The community service order under Article 62-2 of the Criminal Act;

1. For the reason of sentencing under Article 48(1)1 of the Confiscation Criminal Act, the Defendant, carrying with him the network, which is a dangerous object, committed the instant crime, and the degree of injury of the victim is also minor.

However, in light of the facts that the defendant did not have any criminal record and that the injured person does not want the punishment of the defendant in agreement with the injured person, the court shall take into account the age, sex, environment, motive, means and consequence of the crime, and the circumstances after the crime, etc., as stated in the arguments of this case, and sentence is ordered as above.

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