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(영문) 부산지방법원 동부지원 2018.04.12 2018고단200
특수상해
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On December 31, 2017, at around 03:50, the Defendant, while drunkly drinking in “D” in “D,” located in Busan Shipping Daegu C, and talking with the victim E (the 57 years of age) who was under the influence of alcohol, caused the Defendant to inflict an injury, such as damage to the administration and sexual trees, which require approximately two weeks of treatment on the part of the victim’s left head, by misunderstanding that the victim ought to take a bath, thereby putting the spoke, which are dangerous objects, into the part of the victim’s desire.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to a report on investigation (Attachment of a medical certificate);

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

1. The reason for sentencing under Article 62(1) of the suspended sentence of the Criminal Act (hereinafter, taking into account the favorable circumstances among the reasons for sentencing) is that the simpled fish, which is a dangerous object to the instant crime, is put up to the left head of the victimized person, and the simpled fish so that 2 simpled fish, which is the object of the instant crime, can be sticked to the left head of the victimized person, thereby causing an injury to the injured person, such as the impairment of administration, which requires treatment for about 2 weeks of the injured person’s left head, and the crime is disadvantageous.

However, it is advantageous to the fact that the defendant recognized the facts charged in this case, the defendant paid 20 million won to the victim, and the victim does not want to be punished against the defendant, and the defendant is the first offender who has no record of criminal punishment.

In addition, the defendant's age, sex, environment, means and result of the crime, and the circumstances after the crime, etc. of this case shall be determined as ordered by taking into account the various sentencing conditions in the trial process of this case.

[Sentencing Criteria] - No sentencing criteria are set.

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