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(영문) 부산지방법원 서부지원 2017.12.07 2017고단1153
특수상해
Text

A defendant shall be punished by imprisonment for not less than eight 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

The defendant and the victim B(51) are adjoining neighbors who reside in the Busan Northern-gu C apartment.

The defendant was sexually old and was sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually.

On August 29, 2017, the Defendant: (a) around 17:40 on August 29, 2017, the victim was drinking alcohol at the sperm management office prior to the apartment complex management office, and (b) the victim’s back to the victim’s disease, which is a dangerous object that he or she was drinking, on the ground that he or she said he or she said that he or she or she said that he or she was drinking.

Accordingly, the defendant carried dangerous objects and carried them with a ductal body where the number of days of treatment cannot be known to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Seizure records;

1. Application of Acts and subordinate statutes to the investigation report (a photograph of the upper part);

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. In extenuating circumstances where protection and observation and the reasons for sentencing under Article 62-2 of the Social Service Order Act are not agreed with the victim, there are circumstances where it is difficult for the victim to reach an agreement because his/her whereabouts are unknown, and the degree of injury to the victim is not severe. Considering the circumstances favorable to the fact that there is no criminal record of a fine or heavier punishment, the sentence shall be suspended only once taking into account the defendant's age, sex, environment, motive, means and consequence of the crime, circumstances after the crime, etc., and the execution of the sentence shall be suspended.

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