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(영문) 부산지방법원 2018.04.26 2018고단131
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 October 31, 2017, around 14:20 on October 31, 2017, the Defendant took a bath to the head of the D office who solicits him to return home upon the completion of the exercise of D's filial wave in front of the Busan Dong-gu C, Busan, but was attending the D's Meet.

D One copy of the victim E (51) brought the Defendant behind, and the head of the victim, which is a dangerous thing that had been placed in the place of the Defendant, was laid down, and the victim's head behind the Defendant was frighted to the head of the victim, thereby causing the victim to have the tear of the number of days of treatment.

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 for E;

1. Application of Acts and subordinate statutes to an investigation report (on-site conditions, etc.), internal investigation report (on-site inspection), investigation report ( acceptance of a death diagnosis report), investigation report (an investigation into a hospital medical set), investigation report (in relation to a DNA community service center office office office), investigation report (in relation to an investigation into the head

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

1. Article 62(1) of the Criminal Act on the stay of execution (see, e.g., Supreme Court Decision 201Da1248, Apr. 1,

1. Reasons for sentencing under Article 62-2 of the Criminal Act for observation of protection;

1. Where the application of the sentencing guidelines [Scope of the recommended punishment] Habitual injury, and special injury to a repeated offender and special injury are recovered from the area of special mitigation (from September to February 2), the area of special mitigation (including efforts made to recover damage) (including special mitigation) / the area of minor injury, the area of penalty (including serious efforts made to recover damage), or considerable damage;

2. Although the defendant, who was sentenced to multiple punishments for the same kind of crime as the sentencing sentence, committed the crime of special injury again, the sentencing as the disposition should be made in consideration of the fact that the degree of injury to the victim is relatively minor, the fact that the victim agreed smoothly with the victim, and the age, health condition, etc. of the defendant.

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