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(영문) 창원지방법원 통영지원 2016.11.30 2016고단1286

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 01:20 on May 28, 2016, the Defendant: (a) called “D”; (b) on the ground that the Defendant would not pay the victim E (man, 67 years of age) to the beneficiary, and the victim would not repay the money borrowed from the South-North Korea living together; (c) on the part of the victim, “I am hyp hyp hyp hyp hyp hyp hyp hyp hyp hyp hyp hyp hyp hyp hyp to hyp to hyp; and (d) on the part of the victim’s right side hyp hyp, which is a dangerous object owned by the victim, hyp hyp.

계속해서 피고인은 피해자를 따라 위 ‘D’ 밖으로 나온 뒤 피해자에게 “개 쌍년아, 혼인신고도 안 하고 남편 등쳐먹는 년아!”라고 욕설을 하면서 오른손으로 피해자의 멱살을 잡아당기고, 피고인을 피해 승용차에 탑승하면서 뒷좌석에 걸터앉은 상태로 앉아 있는 피해자에게 다가가, 피해자의 멱살을 양손으로 잡아 여러 차례 흔들고, 발로 피해자의 오른쪽 다리 부분을 2회 걷어찼다.

As a result, the defendant carried dangerous things with the victim's right-hand side, which requires treatment for about 14 days.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of the E, F, and G;

1. A written diagnosis of injury;

1. A written agreement;

1. Application of Acts and subordinate statutes to each investigation report (CCTV image, each photograph);

1. Punishment as imprisonment with prison labor, inasmuch as the relevant law on criminal facts, the choice of a punishment, and Articles 258-2(1) and 257(1) of the Criminal Act are only applicable;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Reasons for sentencing under Article 62 (1) of the Criminal Act - Circumstances favorable to sentencing: The confession of facts constituting an offense, and agreement with the victim;

(k) Unfavorable circumstances: The fact that it is hard to find out that it has been committed against a female victim and has been punished as a crime of the same kind of violence in the past, and that it has been punished as such.

(k) - The age of the defendant;