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(영문) 부산지방법원 2016.09.21 2016고단3893
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 May 27, 2016, around 23:55, the Defendant discovered that the “C main store” located in Busan High-gu Busan High-ro B, and found that the victim D (n, 48 years of age) living together with another male and female, she was frighted to be frighted, and collected beer residues, which is a dangerous object at the bar, and was suitable for the head of the victim, and the Defendant’s hand she was unable to know the period of treatment due to the booming the head of the victim and breath, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against the victim;

1. Application of Acts and subordinate statutes to photograph victims;

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. The crime of this case on the grounds of sentencing under Article 62(1) of the Criminal Act is committed with respect to the crime of this case, where the defendant collected beer residues, which is a dangerous object, and inflicted an injury on the head of the victim, etc., and the nature of the crime is serious.

However, the sentencing conditions in the records, such as the defendant's age, occupation, sex, family relation, motive and circumstance before and after the crime, shall be determined by considering the fact that the victim does not want the punishment of the defendant, the social relation is clear, and the punishment like the order shall be determined by considering the following factors: the defendant's age, occupation, sex, family relation, motive and circumstance before and after the crime.

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