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(영문) 창원지방법원 밀양지원 2017.12.21 2017고단513

특수상해

Text

A defendant shall be punished by imprisonment for six months.

However, 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, at around 22:30 on July 17, 2017, at around 22:30 on around 17, 2017, was paid KRW 8 million that was loaned to the victim D, and at around 3, 200,000,000 won that was loaned to the victim D.

Although the victim made a request for “the number of hours to be increased,” the victim taken the face on the right side of the victim one time by drinking, and the victim taken one time on the table by hand.

The defendant continued to flee from the above main point of view to the victim who was hiding, thereby destroying the victim's left side side of the victim's back to one time. The defendant collected the empty disease, which is a dangerous object of beer's stay, one time the head of the victim was unloaded, and two times the head of another beer's disease.

As a result, the defendant carried dangerous things and inflicted bodily injury on the victim, such as the impairment of saves and saves that require treatment for about two weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or E;

1. Application of Acts and subordinate statutes governing appraisal commission;

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 to mitigate small amount;

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

1. On the grounds of sentencing under Article 62-2 of the Social Service Order Criminal Act, the sentencing conditions indicated in the records, such as the following circumstances and Defendant’s age, environment, motive, means and consequence of the crime, etc., shall be determined as ordered in consideration of the sentencing conditions indicated in the records.

An unfavorable circumstance: A favorable circumstance that has been punished for the same kind of crime: The victim does not want the punishment of the defendant.