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(영문) 부산지방법원 2017.04.26 2017고단450
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 13, 2016, around 21:45, at the main point of "C" located in Busan Dongdong-gu B, Busan, the Defendant sought complaints and humiliations from the victim D (54 tax) who was a previous workplace and drinking during the previous workplace from the victim, and made one time the head of the victim was able to hear the complaints and bathings of the previous workplace from the victim.

As a result, when the defendant carried a dangerous article, the defendant injured the victim by carrying a clouse World Cup, and caused two weeks of medical treatment to the victim, which requires two weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of D;

1. Each injury diagnosis letter;

1. Investigation report (for the beer and beer used by a suspect A),- Application of photographic Acts and subordinate statutes;

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. The crime of this case on the grounds of sentencing under Article 62-2 of the Social Service Order Criminal Act is more serious than the defendant's crime of causing bodily injury to the victim with a dangerous article as above, which requires two weeks' medical treatment.

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, etc. are considered and the sentence like the order is determined.

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