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(영문) 부산지방법원 2018.04.11 2018고단323
특수상해
Text

1. The defendant shall be punished by imprisonment with prison labor for eight 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

around 00:01 on January 18, 2018, the Defendant: (a) while drinking alcohol together with the victim E (43) and his/her woman-friendly Gu in Busan Jin-gu C, the victim reported that he/she was punished for a verbal dispute with his/her woman-friendly Gu; (b) had the victim neglected it, and continued a dispute over the horse without disregarding the victim; (c) was pushed down with the victim’s flab; and (d) the victim was flabed by flabing his/her flab with the flab; and (d) the victim was flabing with his/her flab; and (e) caused the victim’s head by gathering the flab with his/her flab; and (e) caused the victim’s head flab, etc., whose treatment period cannot be known.

Accordingly, the defendant carried dangerous objects and injured the body of the victim.

Summary of Evidence

1. Statement by the defendant in court;

2. Application of Acts and subordinate statutes to the police interrogation protocol concerning E;

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.

This case is that the defendant, together with the victim, has inflicted an injury by gathering the head of the victim by gathering the suspect who is aware of drinking together with the victim, and the nature and circumstances of the crime are not considerably good.

The danger of steel agents used as a tool for committing crimes is also increasing, and if they were to brupt, it would have been likely that the victims would have been able to suffer greater damage.

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

Furthermore, the defendant seems to have been punished for violent crimes in the past two times.

However, the defendant committed the crime of this case with the victim in the state of drinking.

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