beta
(영문) 창원지방법원 마산지원 2017.09.20 2017고단810

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

Reasons

Punishment of the crime

1. 피고인은 2017. 8. 2. 17:00 경 경남 함안군 C에 있는 피고인의 축사 입구에서, D 본부장 피해자 E(56 세) 과 F 등이 피고인의 처에게 피고인이 D 공장에 찾아와 소란을 피우는 이유를 물어보는 것을 보고 격분하여 “야 이 개새끼들 아 너 거가 좆 빤다고 찾아왔나,

The president, other than the president, took a bath "Idle why we dle?" and hackch, which is a dangerous object (20 cm in length and 1.9 m in total length) caused the victim's head part once, and suffered bodily injury, such as two straws, which requires treatment for about 14 days.

2. At the time and place under Paragraph 1, the Defendant: (a) laid the victim F (62 years of age) with a hume in order to restrain the assault as referred to in Paragraph 1 of this Article; (b) laid the hume knee knee, which is a dangerous object from the hume, and laid down a tree bar (1m in length) with a hume in order to stop the assault; and (c) knee knee knee, which requires medical treatment for about 14 days, caused the victim to go against the hume.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to G, F, and E;

1. A report on investigation;

1. A protocol of seizure and a list of seizure;

1. Application of Acts and subordinate statutes of each injury diagnosis certificate and agreement;

1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the 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 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act (Confession, reflectment, and agreement)

1. Sentencing sentencing under Article 48(1)1 of the Criminal Act (hereinafter “Confiscation”) was highly likely to cause injury to the victim by carrying with himself/herself reasons such as farming machinery and tools, hys, vagabonds, etc.

However, all of the crimes of this case are recognized and against the defendant, and the victim agreed with the victim.