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(영문) 광주지방법원 2018.10.25 2018고단1762

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

On April 20, 2018, at the convenience store located in Gwangju Mine-gu, Gwangju, around 08:40 on April 20, 2018, on the same day, the Defendant found hamburgs purchased by the Defendant on the new wall as the above convenience store in the victim C (24 tax) and then found hambs as the above-mentioned convenience store, which is a dangerous object (1m, 28m in length, 1m in length, 28m in length) in the victim’s left arm's length and her arm's length, and boomed the victim’s her flab with both hand.

As a result, the defendant carried dangerous things with the victim and carried about a elbow elbow in need of treatment for about seven days.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A written diagnosis of injury;

1. Application of CCTV Acts and subordinate statutes;

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

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

1. The reason for sentencing under Article 62-2 of the Criminal Act and Article 62-2 of the Social Service Order Act was that the Defendant inserted the victim on the ground of minor costs incurred by him/her and found the victim to have committed the instant crime.

In light of the risk of the crime of this case, the defendant's criminal act may cause a serious danger to the victim's life and body, so it is necessary to punish the defendant's act.

However, considering the fact that the crime of this case was contingent punishment, the defendant's mistake is divided, and the degree of actual injury suffered by the victim is not significant, the victim does not want the punishment of the defendant by agreement with the victim after the occurrence of the case, and the defendant has no record of the same crime after he was punished by a fine in 2003, the execution of imprisonment shall be suspended only once against the defendant, and the defendant shall also order protection observation and community service to prevent recidivism and to treat the victim within society.