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(영문) 부산지방법원 2017.07.06 2017고단1163 (1)
특수상해
Text

A defendant shall be punished by imprisonment for one year.

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

1. On February 3, 2017, at around 13:50 on February 3, 2017, the Defendant: (a) while performing construction work on the part of the work site of the D hotel casino site located in Busan, Busan, at around 1.2m, when the trial cost came to run on the part of the victim E (43 cm) and the bridge; (b) the head of the above E, which was located below the work site of the victim F (41 cm in total length, 13cm in length) who was in possession, was 4:5 times at the end of 4:5 times; and (c) the victim F (41 cm) who observed this case’s bridge attached to the victim F (41).

Ultimately, the Defendant carried dangerous articles and inflicted injury on the above E, such as injury of sugars, etc. without any wound in the two open for about three weeks of medical treatment, and injury to the face requiring approximately three weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. The protocol concerning the interrogation of each police suspect against the defendant or F;

1. Statement protocol of the police;

1. Application of Acts and subordinate statutes of each injury diagnosis letter;

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

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

1. Although the defendant's reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act was ten years ago, he/she again commits the instant crime despite the majority of the records of the same kind of violent crime is disadvantageous to the defendant.

The victims agree with the defendant and do not want the punishment of the defendant, the defendant shows the motive and background of the crime of this case, the circumstances after the crime of this case, the age of the defendant, sexual conduct, environment, etc., and other circumstances, which are conditions for sentencing prescribed in Article 51 of the Criminal Act, which are shown in the records and arguments of this case, shall be determined as the disposition.

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