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(영문) 부산지방법원 서부지원 2018.01.16 2017고단1546
특수상해
Text

[Defendant A] Imprisonment with prison labor for six months

However, the above sentence shall be executed for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. On August 18, 2017, at around 22:05, Defendant A performed drinking and drinking alcohol with the victim B (43 tax) at the frequency of “D’s operation,” which was operated by Defendant A, and as a matter of age, Defendant A inflicted on the victim B (43 tax) and the victim’s face at the time of drinking and drinking, Defendant A inflicted on the victim’s head at hand by putting the victim’s head at one time and causing injury on the victim, such as cerebral dys, which requires approximately three weeks of treatment.

2. Defendant B used the victim’s face at the same time and at the same place as that set forth in the preceding paragraph, and used the victim’s face on the tebbble, which is a dangerous article, for drinking purposes, at several times and at the same time and at a place as that set forth in the preceding paragraph.

Summary of Evidence

1. Defendants’ legal statement

1. A written diagnosis of injury;

1. On-site photographs;

1. Application of Acts and subordinate statutes to a report on investigation (explosives of wood and CCTV images);

1. Relevant Article of the Act and the choice of punishment for the crime;

(a) Defendant A: Articles 258-2(1) and 257(1) of the Criminal Act;

B. Defendant B: Articles 261 and 260(1) of the Criminal Act; Articles 261 and 260(1) of the Criminal Act; the choice of imprisonment

1. Defendant A who is to be mitigated: Articles 53 and 55 (1) 3 of the Criminal Act;

1. Defendants in the suspension of execution: The reason for sentencing of Article 62(1) of the Criminal Act is that the crime of this case, which is the dangerous object, is the main disease, and that the crime is not somewhat against each other.

Defendant

A has been punished for violent crimes, and the degree of injury is not easy.

However, the defendants are showing the attitude of recognizing and opposing all crimes.

The Defendants did not have any record of punishment beyond a fine, and agreed with the payment of medical expenses and mutual aid.

In addition, the defendants' age, sex, environment, motive and background leading to the crime of this case, methods and results of the crime of this case, and all of the sentencing conditions shown in the arguments and records of this case, such as the circumstances after the crime, shall be determined as ordered.

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