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(영문) 부산지방법원 2016.12.07 2016고단5557
특수상해
Text

A defendant shall be punished by imprisonment for six months.

Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment became final.

Reasons

Punishment of the crime

On August 19, 2016, at around 22:00, the Defendant: (a) divided talks with “C” restaurant located in Dong-gu Busan Metropolitan City, Busan Metropolitan City, along with “C” D, who actually performed drinking with the victim D; (b) before doing so, he had tried the victim’s Chinese business, but the victim did not help the victim himself.

Accordingly, the Defendant, due to a small-scale illness, caused the victim's head at one time, and caused two heats where the treatment period cannot be known to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to photographs, such as investigation reports (No. 2 list of evidence), damage parts, etc.;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Suspension of execution under Article 62 (1) of the Criminal Act (including the fact that there is no previous conviction exceeding the fine, that there is an agreement with the victim, that there is a recognition of the crime and that the mistake is pening in depth);

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