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(영문) 부산지방법원 2017.11.14 2017고단3879
특수상해
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 16, 2017, at around 01:00, the Defendant saw the victim E (27 years of age) and the victim F (31 years of age) to drink while under the influence of alcohol in front of the “D convenience store” located in Busan, Busan, the Defendant saw the victim E (27 years of age) and the victim F (31 years of age) to drink, brought the victim E to drink, brought the victim into the convenience store thereafter.

The purchase of liquor, etc., putting the victim E in a vinyl paper, putting them out, putting them out, putting them out, putting them out, put them out, put them out, and put the latter part of the head of the victim E by continuously dangerous material, put the victim E in a hand from the victim E, and put them out on the floor, and put the victim E’s body on the floor. In this situation, the victim suffered injury to the brain-dead bath with no open address for about three weeks, which requires the victim’s treatment.

At that time, the victim F was suffering from a fluoral disease, which is a dangerous thing cited by the Defendant, and caused approximately four weeks of treatment to the victim F. In line with the victim F’s face, the victim was in need of approximately four weeks of treatment.

Accordingly, the defendant carried dangerous articles and inflicted an injury on the victims.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E, G, and F;

1. Application of Acts and subordinate statutes of each injury diagnosis letter;

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

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 on the suspension of execution (the following favorable circumstances):

1. Although Article 62-2 of the Social Service Order Criminal Act provides for the victims with severe injuries, the punishment for the crime is not minor, i.e., the victims are recognized to be erroneous, the victims do not want criminal punishment by agreement with the victims.

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