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(영문) 창원지방법원 2018.06.08 2018고단1011

특수상해

Text

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

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

Reasons

Punishment of the crime

The Defendant, at around 00:33 on March 11, 2018, listened to and expressed a desire to the effect that “the drinking value has been KRW 400,00,00,00” has been paid from the injured party in the course of drinking and paying the drinking value to the victim E (the male, the 28 years old and the 200,000 won of the 200,000 won of the 200,000 won of the 200,000 won of the 30,000 won of the 30,000 won of the 30,000 won of the 20,”

When and when the internal organ comes to know of the drinking value

“Around four weeks of injury to the victim due to rupture, rupture, and rupture, the victim met it, and the empty beer disease, which is a dangerous object on the table, was kuped by hand, and the part of the victim’s right side head was at one time, and the victim suffered injury to the victim, such as cerebral transfusion, which requires approximately four weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A written statement;

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes to photographs on damage scenes;

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. The reason for sentencing under Article 62(1) of the Criminal Act in the suspension of execution is that the Defendant inflicted an injury on the victim’s head due to beer’s disease while drinking alcohol at his/her main place of work together with the victim, is a dangerous crime that may threaten the life of a person, and thus, the criminal liability is not weak.

The degree of injury suffered by the victim is not easy.

However, the defendant reflects his fault in depth.

Defendant

I seem to have committed a contingent crime to the extent that he/she is unable to properly memory the background of the crime.

By paying 2.6 million won to the injured party, the injured party does not want the punishment of the accused.

Until now, the circumstances can be considered in favor of the fact that there is no criminal conviction or suspension of execution of the same kind.

In addition, the sentencing conditions, such as the age, sex, environment, circumstances, and circumstances after the crime, shall be comprehensively considered, and the punishment shall be determined as per the order.