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(영문) 부산지방법원 동부지원 2018.02.20 2016고단966
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

In May 22, 2016, the Defendant stated that the date of the crime is “ May 2, 2016.” However, in light of the content of the investigation received by the Defendant, the Defendant appears to be simply a clerical error in the statement “ May 22, 2016.” As such, the Defendant does not have any dispute over the date of the crime and is not a substantial obstacle to the Defendant’s defense. Therefore, the Defendant ex officio without going through the amendment of indictment.

At around 02:00, the address No. 44 of the 32 years old-age store in Busan Shipping Daegu, the address of the victim D (n, 32 years old-age) asked for the repayment of debt, and the address of the customer, the glass cup, which was a dangerous object on the customer's face, was faced above the victim's face, and the victim's head debt was shakend by hand.

As a result, the Defendant carried dangerous objects and inflicted injury on the victim, such as cerebral sye, which requires treatment for about 20 days.

Summary of Evidence

1. Some of the protocol concerning the interrogation of the police officers against the accused;

1. Each police statement made to D or E;

1. Investigation report (to hear oral statements by complainants), investigation report (to hear statements by reference persons E.);

1. The application of Acts and subordinate statutes to a medical certificate and a report on investigation (Submission of materials by an complainant);

1. Articles 258-2 and 257 (1) of the Criminal Act relating to the facts constituting an offense;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. The reason for sentencing under Article 62(1) of the Criminal Act (recognating favorable circumstances among the reasons for sentencing as follows) is that the defendant did not properly recognize his/her mistake at the investigative agency, and that the damage has not been recovered, etc. are disadvantageous to the defendant.

However, the suspension of execution is imposed only once, considering the fact that this case appears to have occurred somewhat contingent, the degree of injury is relatively minor, and the defendant is the first offender who has no criminal history.

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