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(영문) 부산지방법원 2017.11.15 2017고단4554
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

On July 4, 2017, at around 01:50, the Defendant suffered an injury to which the number of days of treatment can not be known, such as the Defendant collected beer disease, which was a dangerous object on the face of the victim, while drinking together with the victim D (33 ) while drinking alcohol, due to a dispute with the victim D.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes related to photographs attached to the police statement protocol;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. The crime of this case on the grounds of sentencing under Article 62(1) of the Criminal Act is not suitable to commit the crime of this case on the grounds of sentencing under Article 62(1) of the suspended sentence.

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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