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(영문) 창원지방법원 통영지원 2018.01.11 2017고단1407

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

At around 00:00 on September 12, 2017, the Defendant stated that the Defendant would drink a disturbance on the table of the victim F (23 tax) who was drinking a disturbance in the Defendant’s table that the Defendant would drink the alcohol in a drinking house of “D”, which is located in Tong Young-si, for the reasons that the Defendant would late drinking the alcohol in a drinking-free manner, and said that the Defendant read it to the table of the victim F (23 tax) who was drinking the disturbance in the Defendant’s table, the Defendant 1 becick, which is a dangerous object on the table of the victim’s head, caused the victim to undergo a medical treatment for about 25 days on one occasion.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement concerning G and F;

1. Investigation reports (including investigation reports on site photographs - 10 copies of attached site photographs);

1. 112 Reporting case handling table;

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

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 crime of this case where the defendant, on the grounds of sentencing Article 62-2 of the Social Service Order Criminal Act, inflicted an injury upon the victim's head due to beer's illness, is not such as the nature of the crime.

However, the defendant recognized the crime of this case and reflected his mistake.

In addition, the victim does not want to be punished against the defendant by mutual agreement with the victim.

On November 5, 1993, the defendant has no record of criminal punishment exceeding a fine, in addition to the suspended sentence (three years) of imprisonment with labor (two years) for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, there is no record of criminal punishment.

In addition, the sentencing conditions, such as the age, sex, environment, circumstances, and circumstances after the crime, shall be comprehensively considered, and the punishment shall be determined as per the order.