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(영문) 부산지방법원 2016.09.28 2016고단3752
특수상해
Text

A defendant shall be punished by imprisonment for not less than eight 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 June 26, 2016, around 04:10, the Defendant was assaulted by the victim D (the remaining and 59 years of age) who performed alcohol together in Busan B, on the ground that the Defendant would go to his house on the ground that he would go to the house. The Defendant her head, ear, leg, etc. of the victim by cutting the breath and cutting the body of the victim into the breath, followed the breath of the breath, followed the breath of the body, and collected the breath, who was a dangerous object in the restaurant, and carried out several breaths of the victim’s head, ear, leg, etc., on the part of the face of the number of days of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of D;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes on the spot and damaged photographs;

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. The crime of this case on the grounds of sentencing under Article 62(1) of the Criminal Act is committed by the defendant, even though he had a previous conviction of the same kind of fine, resulting in the injury of the victim's head, etc. as the person who is a dangerous object, and the nature of the crime is serious.

However, the sentencing conditions in the records, such as the defendant's age, occupation, sex, family relation, motive and circumstance before and after the crime, are determined by comprehensively taking account of the following: (a) the defendant is against himself; (b) there is no criminal conviction or more than a suspended sentence; (c) the victim is responsible for the occurrence of the crime; (d) the injured person does not want the punishment of the defendant; and (e) the injured person does not want the punishment of the defendant;

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