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(영문) 창원지방법원 마산지원 2021.02.17 2020고단1048

특수상해

Text

A defendant shall be punished by imprisonment with prison labor for up to six 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 22:00 on July 22, 2020, the Defendant: (a) received the alcohol from the victim D ( South, 46 years old); (b) the victim’s victim D ( South, 46 years old); and (c) the victim’s head, who was a dangerous object on the table of the table, was placed in his hand on the victim’s hand; and (d) the victim suffered bodily injury, such as two government feet, which requires approximately two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to a victim's photographic photo, diagnostic report, detailed calculation details of medical expenses, investigation report (victim's and singing room's oral statement hearing) and criminal investigation report (victim's and singing room's telephone);

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

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

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

1. The opinion of the prosecutor on the grounds for sentencing under Article 62-2 of the Criminal Act: Imprisonment with prison labor for one year: The crime is not good and the victim has not been punished by imprisonment with prison labor for a period of six months suspension of execution and two years suspension of execution of the community service order;

However, the defendant is recognized as committing a crime and is against the law.

statement is made.

There is no criminal history exceeding a fine.

In addition, the sentencing conditions, such as the defendant's age, sex, environment, background, circumstances after the crime, etc., shall be determined as per the order.