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(영문) 부산지방법원 서부지원 2018.05.29 2018고단41
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 November 28, 2017, the Defendant 15:30 around 15:30, and on the ground that the Defendant drinks alcohol from the victim F (48 tax) to the Plaintiff, the Defendant laid the victim’s knife with his hand on one occasion at the victim’s knife, and laid the victim’s head head into the body of the victim’s knife of the ice lease material, which is a dangerous object on the knife, and laid the victim’s head head into the body of the treatment days.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. G statements;

1. Application of the Acts and subordinate statutes, such as crime tools, photographs, etc., and photographs of injuries;

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. In full view of the circumstances favorable to the defendant, such as the defendant's age, sex, environment, family relationship, motive, means and result of the crime, all the sentencing conditions set forth in the arguments of this case, such as the defendant's age, sex, family relation, motive, means and consequence of the crime, etc., the sentence is determined as ordered, comprehensively taking account of the following factors: (a) the defendant's act of assaulting and injuring the victim without any particular reason; (b) the defendant led himself to a confession and reflects the defendant; (c) the victim does not want the punishment by agreement with the victim; and (d) the defendant has no record of punishment except for the previous conviction sentenced twice by a fine before 201.

It is so decided as per Disposition for the above reasons.

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