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(영문) 창원지방법원 2017.08.10 2017고단2105

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 became final and conclusive.

Reasons

Punishment of the crime

On June 3, 2017, the Defendant: (a) around 01:00, at C main points located in Seongbuk-gu, Changwon-si, Sungwon-si; (b) brought a dispute with the issue concerning the victim D (46 cm) and the business of the company; (c) brought an injury to the victim on the part of his head on the part of an empty beer, which is a dangerous object on the table table, on the part of his head; and (d) brought an injury to the victim on the part of his head for about two weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A written diagnosis of injury;

1. Application of statutes on site photographs;

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. According to the reasons for sentencing under Article 62(1) of the Criminal Act (the following favorable circumstances among the reasons for sentencing), the sentence shall be determined as ordered by taking into account the various circumstances, including the following circumstances, such as the age, sex, environment, motive, means and consequence of the crime, and the circumstances after the crime.

The favorable circumstances: The defendant seems to have caused the crime of this case by drinking and contingently, the confession of the crime and the misunderstanding is divided; the defendant has not been punished for violent crime since 1998; the degree of injury of the victim due to the crime of this case is not more severe; and the circumstances that have agreed with the victim are disadvantageous to the victim: The nature of the crime is not good in light of the risk of the crime.