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(영문) 부산지방법원 2017.03.23 2016고단6820
특수상해등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. In around 22:20 on October 25, 2016, the Defendant suffered special injury: (a) the victim D (29 years) who is an employee of the Defendant was fluencingly on the face of the victim; (b) the victim was fluenced by drinking at the body of the victim; (c) the victim was flucing around 120cm (m in length), which is a dangerous thing located therein; and (d) the victim was flucing the victim into the body of the victim by hand; (d) the victim was flucing the victim into the body of the victim; and (e) the victim was flucing the victim’s head by the smuggling flucing the victim’s head with the pushedle.

2. Special intimidation: (a) at the time, place, as described in paragraph (1) above, the Defendant continued to walk the victim while the said victim was at the time and place; (b) was tightly boomed in order not to be subject to the principle of no taxation and taxation; and (c) pelfs, which are dangerous objects in the place, (f) and threatened the victim as if the victim got away from the victim and was threatening to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against D;

1. Photographs;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Relevant provisions of the Criminal Act, Articles 258-2 (1), 257 (1) (a point of special injury) of the Criminal Act, and Articles 284 and 283 (1) (a point of special intimidation and choice of imprisonment with labor) of the Criminal Act concerning criminal facts;

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. Article 62 (1) of the Criminal Act (Consideration of Sentencing)

1. The Defendant again committed the instant crime with the reason for sentencing under Article 62-2 of the Criminal Act, even though he/she had the record of violent crime, is disadvantageous to the Defendant.

The fact that the injured party does not want to be punished by the defendant after receiving repayment of damage and the defendant's consent, and that the defendant seems to have an attitude to recognize and reflect the fact of crime.

Other cases.

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