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(영문) 부산지방법원 2017.12.07 2017고단4687
특수상해
Text

A defendant shall be punished by imprisonment for not more than ten 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 September 4, 2017, at the office of the towing vehicle in Busan East-gu, Busan-dong, the Defendant: (a) expressed the towing vehicle to the victim D (67 cm) and expressed it to the victim D (67 cm) on a dangerous object that he had been towed; (b) sold the part of the victim’s hand who tried to prevent the victim from displaying it to the victim, and (c) sustained an injury, such as the lower left 4 cm for about five weeks, which is a dangerous object (the height of 100cm, the diameter of 40cm).

Accordingly, the defendant used dangerous objects to inflict bodily injury on the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement protocol of the police;

1. Each photograph;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

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 defendant's reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act, even though he/she had the record of violent crime, once again commits the crime of this case is disadvantageous to the defendant.

The amount equivalent to the amount of damage from the defendant is repaid by the victim, and the defendant does not want the punishment of the defendant, and the defendant appears to have an attitude to recognize and reflect the fact of the crime, and other circumstances, such as the circumstances, means and methods of the crime of this case, the circumstances after the crime, the age, sexual conduct, environment, etc., and the sentencing conditions prescribed in Article 51 of the Criminal Act, which are shown in the records and arguments of this case, shall be determined

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