beta
(영문) 창원지방법원 마산지원 2016.12.28 2016고단1164

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

On October 30, 2016, the Defendant: (a) around 07:00 on October 30, 2016, at C main points located in Changwon Mapopopospospospospospospospospospospospospos B, and (b) reported that the victim D, who performed drinking, intended to breath alcohol; and (c) took two beercinspospospospospospospospospospospospospospospospospospospospospospospospos, which are dangerous articles in the table.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D prepared by the police;

1. Application of Acts and subordinate statutes of the written diagnosis of injury to D;

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

1. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 2006Da1548, Jan. 1, 201; Supreme Court Decision 2006Da1548, Apr. 2, 201)

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

1. Social service order under Article 62-2 of the Criminal Act;