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(영문) 부산지방법원 2016.06.30 2016고단1462
특수상해
Text

A defendant shall be punished by imprisonment for one year.

except that the execution of the above sentence shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 20, 2016, the Defendant was involved in the “C” restaurant in Busan Island B around Busan on February 20, 2016.

D, while drinking alcohol together with the victim E (the remaining, 68 years old) and drinking alcohol, the victim collected spawn’s disease, which is a dangerous object on the table, that was a dangerous object on the table, and spawned one time to inflict an injury on the victim, such as two open spawn where treatment for about three weeks is required.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to a report on investigation (Attachment of a medical certificate of injury);

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

1. In light of the reasoning of sentencing under Article 62(1) of the Act on the Suspension of Execution and Punishment and the degree of damage, a case is focused on the following: (a) there are circumstances that may be considered in the motive of the crime; (b) the victim and the investigation process agreed smoothly with the victim; (c) the primary offender who has no record of criminal punishment; and (d) the Defendant’s age, sex, conduct, intelligence and environment; (b) motive, means and consequence of the crime; and (c) other circumstances constituting the conditions of sentencing as indicated in the record, including the circumstances after the crime,

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