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(영문) 창원지방법원 마산지원 2018.05.09 2017고단1189

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

On January 11, 2017, the Defendant: (a) around 15:20, at a Masan Station in Changwon-si, Masan-si, Masan-si, Masan-si, Masan-si; (b) at a Masan-si Park, including victims C (31 years of age) and those who drinking alcohol, the Defendant left the finer’s disease, which is a dangerous thing for the victim to listen to the anti-end and desireing to view the finite, and then, (c) at one time, the Defendant inflicted an injury on the victim on the part of the finer-si, the part of which requires approximately two weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for C, D, and E;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Articles 258-2 and 257 (1) of the Criminal Act relating to 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 is that there is violence against the defendant, and the risk of the instant crime is high.

However, the fact that the defendant recognized a mistake and reflects, the fact that the defendant agreed smoothly with the victim, and the age, occupation, degree of injury of the defendant, the details of the crime and the circumstances after the crime are considered, shall be determined as the order.