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(영문) 부산지방법원 서부지원 2017.10.18 2017고단1096
특수상해
Text

A defendant shall be punished by imprisonment for not less than eight months.

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 August 15, 2017, the Defendant: (a) around 20:50, around 20:4, around 2017, the Defendant paid the alcohol value to the victim E (26 years of age) who had previously been aware of at the construction site, with the victim E (26 years of age). The Defendant was punished for a dispute. On the other hand, the Defendant saw the face of the victim into a free cup, which is a dangerous article on the customer’s face.

Ultimately, the Defendant carried dangerous objects as above and carried the victim, thereby making it impossible for the victim to know the number of days of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of statutes on site photographs;

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 to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The punishment of this case on the grounds of sentencing under Article 62-2 of the Social Service Order Criminal Act shall be determined by taking into account the following factors: although the crime of this case is not light of the nature of the crime, it is against the victim, it appears to be a contingent crime, there is a family member to support, and there is no record of criminal punishment for the same kind of crime.

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