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(영문) 부산지방법원 2018.04.11 2018고단412
특수상해
Text

1. The defendant shall be punished by imprisonment with prison labor for six months;

2.Provided, That the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 4, 2017, the Defendant, at the end of Busan Dong-gu, 206, had the victim C (53 years) with his own physical disease in the 1st floor of Busan Dong-gu, Busan 206, and had the victim C (53 years) with his own physical disease and caused the victim's parts, such as a mountain stick (round 80cm in length, approximately 2.5cm in thickness, approximately 2.5cm in thickness) one time, and the victim suffered from the victim's head with his flaps and her hand, two times with the head part of the victim's head, and with the head part of the victim's head tear.

Accordingly, the defendant injured the injured person by carrying dangerous objects.

Summary of Evidence

1. Statement by the defendant in court;

2. A protocol concerning the interrogation of suspect C by the police;

3. Statement made by the police against D;

4. Application of each statute of photography;

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

2. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

3. Reasons for sentencing under Article 62 (1) of the Criminal Act of the suspended execution.

1. The scope of applicable sentences under law: Imprisonment with prison labor for not less than six months nor more than five years;

2. The sentencing criteria are not set for the crimes of this case, for which the sentencing criteria are not set.

In this case, it is not good that the defendant, in dispute with the victim, has inflicted an injury on the victim's head, etc. by shotics such as the victim's head, etc., and the nature and circumstances of the crime are not good.

It seems that the risk of shotics used as criminal tools may have been so great to the victim if they were brupted.

Due to the criminal act of the defendant, the victim seems to have suffered considerable mental shock and pain in addition to physical damage.

Nevertheless, the defendant is not taking measures to compensate for damage to the victim.

However, as the defendant was assaulted by the victim in advance, the defendant committed the crime of this case contingently, recognized his/her crime and repented his/her mistake, and suffered the victim.

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