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(영문) 부산지방법원 동부지원 2018.01.25 2016고단2481
특수상해
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On October 19, 2016, at around 16:20, the Defendant used a watch (40cm in length) which is a dangerous object in the Southern-gu Busan Metropolitan City C Alley, and used another house gate to control the victim D (39 years in length) who was fluoring another house gate, and committed assault, such as fluoring the victim’s right head head and left hand, fluoring the victim’s left part as soon as possible.

In this respect, the defendant carried dangerous things and carried them with the victim's injury and injury to the victim for treatment.

Summary of Evidence

1. Statement made by the police against D;

1. Application of investigation reports (the crime tools photographs and accompanying photographs of the victim, etc.), net photographs, and photographs of the victim's body;

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

1. For the reason of sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of volume, the instant crime was committed with injury by taking care of the victim’s head, etc. as a dangerous element. The nature of the crime is bad, the Defendant did not agree with the victim, and did not endeavor to recover damage, and the Defendant did not have an attitude against himself/herself by denying the fact that he/she inflicted injury upon the victim by the investigative agency, and the Defendant was punished for violent crimes on two occasions.

However, the fact that the degree of injury of the victim is not very serious is favorable.

In addition, the defendant's age, sex, environment, means and result of the crime, and the circumstances after the crime, etc. shall be determined as ordered by taking into account the various sentencing conditions in the trial process of this case.

[Sentencing Criteria] - Special Injury : Not set the sentencing criteria

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