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(영문) 광주지방법원 목포지원 2019.01.25 2018고단900

특수상해

Text

A defendant shall be punished by imprisonment for not less than eight months.

except that 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

The defendant is between the victim B (the age of 64) and the peace.

On September 21, 2018, around 20:05, the Defendant: (a) took a dispute for the reason that he and the victim were dead on the road of the “Duser” located in Franpo City C, and (b) took the flaps, and (c) took the flaps of the victim’s flaps, thereby debrising the flaps, which was around the victim’s flapsing, and debrising the flapsing of his flaps; and (d) took an open top of the part in which the victim’s flaps were in need of approximately two weeks medical treatment, by glapsing the part of the victim’s flaps, which is a dangerous object.

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Application of Acts and subordinate statutes to photographs of damaged parts and investigation reports (Attachment B of a written diagnosis of the victim);

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [Scope of Recommendation] In the case where the mitigation area (including persons with special mitigation), mitigation area (4-1 year), punishment not to compensate for damage), or considerable damage was restored (including efforts to recover damage), the defendant has a power of having been sentenced to criminal punishment for the same kind of crime several times, and this case is a result that the defendant inflicted a bodily injury on the part of the victim by using the main body of the victim, and the nature of the crime is not good.

However, the defendant led to confession and reflect on the crime of this case, and agreed with the victim.

In addition, the punishment shall be determined as ordered by taking into account all other factors of sentencing shown in the records.