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(영문) 부산지방법원 서부지원 2018.10.31 2018고단1500
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 March 15, 2018, at around 02:30 on March 15, 2018, the Defendant left the victim's head due to a disease, which is a dangerous object for the reason that the victim D (27 years of age) takes a bath, and met the victim's face, breast part, etc. due to drinking and growth.

As a result, the defendant suffered damage to the reputation of the head part in need of approximately 2 weeks of treatment, and was in straw, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Photographs, CCTV images and photographs;

1. Application of the legislation in its opinion;

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 crime of this case on the grounds of sentencing under Article 62-2(1) of the Social Service Order Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of Protection, etc., shall be determined by comprehensively taking into account the following factors: (a) unfavorable circumstances, such as that the Defendant’s head was the main of the victim’s disease; and (b) the Defendant inflicted injury upon him/her by taking several times of the victimized persons due to drinking and launching; (c) the Defendant recognized the crime of this case; (d) the Defendant has reached an agreement with the victim; (d) the Defendant has reached an agreement with the victim; and (e) the Defendant has no record of criminal punishment due to the same type of crime; and (e) other favorable circumstances, such as the record

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