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(영문) 부산지방법원 2017.02.23 2017고단256
특수상해
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal record] On June 19, 2014, the Defendant was sentenced to eight months of imprisonment with prison labor by the Busan District Court, and completed the execution of the sentence on December 16, 2014 at the Busan Detention Center.

[Criminal facts] On January 6, 2017, the Defendant drinking alcohol with the Victim F (48 years of age) who is a friendly son of E and E, at D’s main points located in Busan Seo-gu, Busan, on January 6, 2017.

The defendant does not believe that the victim is a friendly baby of the victim, but rather the victim "the first male of E, the width of the second male of the victim "the second male of the victim", and the victim stated "I do not do so, but do so," and the victim makes a false statement, thereby misunderstanding that the victim should make a false statement, which led the victim to the beer of the head of the victim who was seated with beer on the table on the table table of the table, and then he was on the side of the beer disease.

In other beer's disease, once again booms the head part of the victim's hair, breaking the beer's disease, and whether the victim's disease is "this is done with her head at the place of the victim."

“In the end, the victim’s head was 3 times off due to another beer’s disease on the table table.

As a result, the Defendant carried with beer disease, which is a dangerous thing, caused the victim's head to be cut at least six times in total, and caused the victim's head to teared, so that the victim's head can be cut, and the victim's head should be treated for about two weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement concerning G and F;

1. Four on-site photographs, two copies of the victim’s photograph, and a report of investigation (in respect of the part above the victim’s wife, a statement of opinion;

1. Criminal records in the judgment: The application of the provisions of the Acts and subordinate statutes to inquiries, such as the sentence, the acceptance status of each individual, and criminal history;

1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning facts constituting an offense (the point of inflicting an injury on a dangerous object);

1. The reason for sentencing Article 35 of the Criminal Act for aggravated repeated crimes is that the applicable law and the nature of the crime of this case are inferior, and the defendant has a number of criminal records related to violence including the same criminal records.

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