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(영문) 부산지방법원 2017.12.06 2017고단5017
특수상해
Text

A defendant shall be punished by imprisonment for one year.

However, 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

On September 20, 2017, at around 21:50, the Defendant: (a) was suffering from disturbance in the “D ran tavern” operated by the victim C (Y, 63 years of age) in Busan Dong-gu, Busan, and (b) was a beer disease, which is a dangerous object on the table table, with the victim’s head at one time, and the victim’s head at one time, with the victim’s shoulder at one time, and the victim’s head at one time was unable to know the number of days of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of the Acts and subordinate statutes to photographs of the damaged scene, photographs of the upper part of the victim's body, and the upper part of the right shoulder of the victim C;

1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The crime of this case on the grounds of sentencing under Article 62-2 of the Social Service Order Criminal Act is serious as a crime committed by the Defendant, even though the Defendant had been previous five times of the same kind, resulting in an injury due to the price of the victim’s head by beer and beer, which is a dangerous object.

However, in consideration of the fact that the defendant is against the defendant, the fact that the injured person is not subject to the punishment of the defendant by unanimous agreement with the victim, and other circumstances, such as the defendant's age, sexual conduct, environment, family relationship, motive and consequence of the crime, circumstances after the crime, etc., and the sentencing conditions specified in the argument of this case, the sentence like the order shall be imposed.

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