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(영문) 창원지방법원 2017.11.09 2017고단2716

특수상해

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On April 21, 2017, at the house of the victim D (31 tax) located in Kimhae-si C around 22:20 on April 21, 2017, the Defendant considered the victim to drink the alcohol.

The telephone made the victim's false statement that he did not have the victim's house, and the victim was found to open and depart from the house of the victim, and the victim's face was walked once, and the victim's face was flowed into the house, and drinking the victim together with the house, and the victim did not reflect his behavior, so the victim's head was able to take about two weeks of treatment, and the victim's head was able to take about two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to D;

1. Investigation report (to attach a response to an appraisal);

1. Application of Acts and subordinate statutes to investigation reports (on-site photographs and photographs of damaged parts);

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

1. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act (the following grounds for sentencing)

1. The sentencing criteria under the Criminal Act are not prepared for special injuries;

2. Determination of sentence - Determination of disadvantageous circumstances: The fact that the defendant repeats the crime without being during the period of suspension of execution, and the danger of the instrument and method of committing the crime, etc.; the fact that the crime is heavy in light of the favorable circumstances: the fact that the victim reflects mistake; the fact that the victim does not want the punishment of the defendant in agreement with the victim; other circumstances: Relationship between the defendant and the victim, the age of the defendant, the criminal conduct