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(영문) 창원지방법원 2018.08.08 2018고단1274

특수상해

Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Criminal facts

On March 31, 2018, the Defendant: (a) around 23:58, on the street in front of the father park located in Kimhae-si, 8-17 on the day of the instant case, and (b) on the ground that the victim B (61 years old) who was aware of while drinking together the alcohol on the day of the instant case was lower than the Defendant, and was frightened to the horse, and fright each other, she dumped down and dumped down the bridges, dangerous things ( approximately 20cm in width, about 10cm in length, about 5cm in height, about 10cm in width, and about 5cm in height, and caused the victim to take one eye of the left eye of the victim, and caused the victim to undergo treatment for a period of 14 days.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Application of Acts and subordinate statutes, such as a written injury diagnosis;

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

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. The reason for sentencing under Article 62(1) of the Criminal Act (refluence to the above favorable circumstances) of the suspended sentence is that the defendant repents and reflects his mistake in depth, and there are some circumstances to consider the motive and circumstance leading to the instant crime.

On the other hand, the degree of damage caused by the crime of this case is not easy, and the fact that the defendant did not agree with the victim until now is disadvantageous to the defendant.

In addition, the sentencing guidelines of the Supreme Court's sentencing committee have been set in full view of various conditions of sentencing as shown in the records and arguments, such as the following circumstances, the defendant's age, sexual conduct, intelligence, environment, etc. after the crime was committed.