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(영문) 부산지방법원 2018.04.11 2018고단312
특수상해등
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

1. On December 19, 2017, the Defendant, at around 05:0 on December 19, 2017, tried to D due to the drinking value from the main point B B of Busan Jin-gu, Busan to the main point D, who is an employee of the said main point, and assaulted the victim E (V, 37 years of age) who is another employee, with the victim’s face one time in his/her finger hand.

2. The Defendant, at the time, at the time, and at the place, as mentioned in paragraph 1, was mentioned above, carried the victim D (n, 36 years of age) and the fluened fluor, laid the victim's necks over the floor by cutting the victim's neck with his hand, pushing the victim's neck, pushing the victim's face, etc., cut over the victim's face, etc., cut off by drinking and sprinking the victim's flus, flusing the victim's neck, flusing the victim's neck on both hand, flusing the victim's neck into the floor, flusing the victim's chest and flus, and divided it into the victim's chest and flus that were in excess of 4 weeks of age, and inflicted an injury on the victim, such as cutting the right flus, etc.

3. The Defendant damaged the property at the time and place described in paragraph 1, and at the same time and place described above, the victim F, the owner of the above main shop, destroyed 6 parts of the victim F, which are the owner of the above main store, and damaged 1 parts of the victim F, the market price.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F, D, or E;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant Article 260 (1) of the Criminal Act and Article 260 (1) of the Criminal Act (the point of assault, the choice of imprisonment), Articles 258-2 (1), 257 (1) of the Criminal Act (the point of special injury) and Article 366 of the Criminal Act (the point of destroying property and the choice of imprisonment) concerning the crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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. All the conditions of sentencing include the following: (a) the reason behind sentencing under Article 62-2 of the Social Service Order Criminal Act; (b) there is no record of punishment exceeding the fine; (c) the degree of injury suffered by the victim D; and (d) the failure to recover damage.

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