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(영문) 부산지방법원 2016.12.08 2016고단3405
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 11, 2016, the Defendant, at around 17:10 on June 11, 2016, stated that “A victim E (the age of 49) who had a defect, such as drinking alcohol in front of the D community credit cooperative located in the Busan Jin-gu, Busan, would die with a knife with a knife, knife, and knife,” who had a knife the victim’s desire to do so.

꼼짝하지 말고 있어라'고 말한 후 바로 인근에 있는 집에 가 위험한 물건인 송곳(총길이 17cm) 1개를 가지고 와 피해자를 향해 송곳을 던져 피해자의 우측 팔꿈치에 맞는 등 피해자에게 약 2주간의 치료를 요하는 타박상 등을 가하였다.

Summary of Evidence

1. The defendant's legal statement (the third trial date);

1. Statement to E by the police;

1. A medical certificate;

1. Records of seizure and the list of seizure;

1. Application of a photograph of the criminal tool, photograph of the victim, and the Acts and subordinate statutes governing the victim's wife;

1. The phrase “Articles 258-2 (2) and 258 of the Criminal Act” as stated in the indictment in Articles 258-2 (1) and 257 (1) of the Criminal Act concerning criminal facts is obvious that it is a clerical error;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (i.e., the degree of harm is reflective and the degree of damage is not heavier);

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary Mitigation);

1. Social service order under Article 62-2 of the Criminal Act;

1. Article 48 (1) of the Criminal Act of confiscation;

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