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(영문) 창원지방법원 2017.03.30 2016고단4265

특수상해등

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On November 25, 2016, the Defendant: (a) expressed a large amount of the drinking value in “the amusement shop” operated by the victim C (V, 54 years of age) who is located in Seongbuk-gu, Changwon-si; (b) 03:30 on November 25, 2016; (c) and (d) the victim was bitched of a bitbit of a bitbit of bitch value.

“In doing the bath,” the two main agents, which were at risked by the victim D(30) who is the employee of the said main office, were laid down to the victim C, and the entrance door owned by the victim was broken down at the bottom of the next entrance in the amount of 200,000 won.

After continuously destroying beer's disease, the Defendant caused a shoulderer beer's disease, which is a dangerous object, to dye the victim's d' and chume d', or to be 14 days off to be treated for approximately four days for the victim.

Accordingly, the defendant, carrying dangerous articles, assaultsd the victim C, damaged the victim C's property, carried dangerous articles, and inflicted an injury on the victim D.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to C and D;

1. Receipts, death diagnosis certificates, investigation reports (on-site dispatch reports), application of photographic Acts and subordinate statutes;

1. Relevant legal provisions concerning facts constituting an offense, Articles 258-2 (1), 257 (1) (a point of special injury) of the Criminal Act, Articles 261 and 260 (1) of the Criminal Act (a point of special assault), Article 366 of the Criminal Act, and each choice of imprisonment with prison labor;

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. It is recognized that the crime of this case on the grounds of sentencing under Article 62(1) of the Criminal Act of the suspended sentence is a beer disease, which is a dangerous object of the defendant, inflicted a bodily injury on the victim D, and assaulted the victim C, etc.

However, it is necessary to consider the fact that the defendant recognized the crime of this case and reflected the mistake, that all the victims agreed with the victim, that there has been no record of criminal punishment so far.