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(영문) 광주지방법원 2017.03.10 2017고단340

특수상해

Text

Defendant shall be punished by imprisonment for a term of one year and six months.

However, the above sentence shall be executed for a period of three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 16, 2016, at the defendant's house located in Young-gun C around 19:30 on October 16, 2016, the defendant was urged to talk about the victim D (the 64 years old), living together with the victim, and prepared a written statement from the victim. The defendant was inflicted an injury on the victim, such as the victim's head, spath, and spath, with a wooden smuggling (the 55cm in length, the 5cm in thickness, 5cm in thickness), which is a dangerous object, when making the back water of the victim from the victim's drinking, and making it possible for the victim to take advantage of his head, spath, etc.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the protocol concerning the interrogation of the accused by the prosecution;

1. Statement made by the police on the victim;

1. Each description of the injury diagnosis certificate, or a copy of the medical record;

1. Application of the video-related Acts and subordinate statutes to the tree cover photographs;

1. Article 258-2 of the Criminal Act applicable to the facts constituting an offense and Articles 258-2 and 257 (1) of the Criminal Act that choose a penalty;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. In light of the method of and degree of damage to the crime with the reason of sentencing Article 62-2 of the Social Service Order Criminal Act, the liability for the crime is not easy.

The victim did not reach an agreement with the victim, and the defendant had two violent crimes.

However, both criminal records of violence have been punished by a fine of small amount, and the defendant has paid 13 million won or more to the victim while living together with the victim.

In addition, the sentencing conditions shown in the records, such as the defendant's age, occupation, family relationship, and circumstances before and after the crime, shall be determined as ordered.

It is so decided as per Disposition for the above reasons.