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(영문) 부산지방법원 2017.08.31 2017고단2731
특수상해등
Text

A defendant shall be punished by imprisonment for not more than ten 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

The defendant and the victim B(42 years, women) are currently in a divorce lawsuit as a legal couple who has completed the marriage report in 2004.

1. On February 16, 2017, the Defendant assaulted the victim’s hair and face on the second floor of his own house located in the Geum-gu Busan Metropolitan Government, on the ground that the victim does not drink with other male and female, and assaulted the victim’s hair and face on the ground that the victim does not drink with other male and female.

2. A special injury accused;

2. 17. 19:00 경 같은 장소에서 주먹으로 피해자의 얼굴을 수회 때리고 골목에 있던 나무 빗자루로 몸을 때리다가, 피해자를 승용차에 태워 금정구 서동에 있는 윤 산으로 데려가, 샷 시 가게에서 가져온 위험한 물건인 알루미늄 봉( 길이 불상 )으로 피해자의 다리와 온몸을 수회 때렸다.

As a result, the defendant carried dangerous objects and carried them on each side of the victim's legs, etc. and left arms, etc. with the number of days of treatment.

3. The defendant who has injured the defendant;

2. 18. 01:00 경 위 주거지에서 주먹으로 피해자의 눈을 때리고 발로 온몸을 찼다.

As a result, the Defendant got the victim to know about the right side of the number of days of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Application of Acts and subordinate statutes to a report on the occurrence of an injury (special injury), a report on investigation (in respect of a suspected suspect), and a report on investigation (Attachment of a photograph of damage);

1. Relevant Article 258-2 (1), Article 257 (1) of the Criminal Act (the point of special injury), Article 257 (1) of the Criminal Act (the point of injury, the choice of imprisonment with prison labor), and Article 260 (1) of the Criminal Act (the point of violence, the choice of imprisonment with prison labor) concerning the crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. The reason for sentencing of Article 62(1) of the Criminal Act Article 62(1) of the suspended sentence is very heavy for the defendant to commit the instant crime, such as by assaulting and injuring the defendant over three days.

However, the defendant.

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