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(영문) 부산지방법원 2017.05.18 2017고단754
특수상해등
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On July 9, 2016, at around 07:10 on July 9, 2016, the Defendant: (a) sent to the C restaurant located in Busan City, for the reason that he/she was a victim D (44 years of age) who was drinking together; (b) taken a part of the victim’s face on his/her face; (c) taken off the victim’s face over his/her floor with knee; and (d) taken a part of the victim’s head, who is a dangerous object on his/her table, was kneeed.

As a result, the Defendant carried dangerous objects and inflicted injury on the victim, such as inside and outside the right side of the 6 week period of medical treatment, cryp, and dypical heat.

2. In the above C restaurant operated by the victim E at the time of the above day, the Defendant: (a) sold D, as seen above, gas bags; (b) removed or scamed by a stringer; (c) 20 bricks, while fighting D and body bodies, destroyed 20 bricks or removed from the wall, and (d) damaged the damaged property owned by the victim F by giving gold to one glass.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of each police suspect against D, G, or H;

1. Each police statement made to F and I;

1. 112 Case List, ctv video screen, damaged objects photograph, photograph (net 10), ctv photograph, etc.;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant legal provisions of the Criminal Act, Articles 258-2 (1), 257 (1) (a point of special injury) of the Criminal Act, and Article 366 of the Criminal Act concerning 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. The reason for sentencing of Article 62-2 of the Criminal Act is very violent and cruel to the law on the number of crimes in this case, the victim suffered significant injury due to this case, the defendant can have a criminal record of the same kind, on the other hand, the violation of the crime, the violation of the victims, and all other matters of the defendant's age and character.

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