(영문) 부산지방법원 동부지원 2020.05.26 2020고단300

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(영문) 부산지방법원 동부지원 2020.05.26 2020고단300

특수상해

Text

A defendant shall be punished by imprisonment for not less than eight months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 22:30 on February 4, 2020, the Defendant proposed the Victim D (the 56-year-old) to repair the card gambling, but on the ground that the Defendant was refused to repair the card, the Defendant sent the victim a bath, followed the victim’s face by drinking, and walked the part of the victim’s breast part of the breast part of the victim’s face due to drinking. On the back of this, the Defendant took the part of the knife of the knife and took the part of the knife and took the part of the knife of the knife, which is a dangerous material, after separating the part of the knife., took the back part of the knife knife knife knife knife knife knife knif.

As a result, the defendant carried dangerous articles and carried about about 28 days of medical treatment to the victim, such as the cage of cage cages and the cage of head.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A written diagnosis of injury;

1. Application of statutes on site 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 for discretionary mitigation;

1. In view of the details, method, and degree of damage of the instant crime committed by the Defendant for reasons of sentencing under Article 62(1) of the Criminal Act, which led to serious injury to the victim on the grounds that the Defendant is not large, the nature of the instant crime is bad and the Defendant’s liability is not minor.

However, it appears that the defendant shows the appearance of the crime, there is no record of criminal punishment exceeding the fine of the defendant, the victim expresses his/her intention that he/she does not want the punishment of the defendant by agreement with the defendant, and other various conditions of sentencing as shown in the records, such as the defendant's age, character and behavior, environment, motive or circumstance of the crime, means and method of the crime, contents and result, etc., shall be determined

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