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(영문) 창원지방법원 통영지원 2017.01.25 2016고단1258

특수상해등

Text

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

However, the execution of the above punishment 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 is between the victim C(36) and the social worship.

On June 9, 2016, the Defendant tried to drive an additional alcoholic beverage in order to drink an additional alcoholic beverage at the place of a forest of 50-25, Jinsung-gun, Jinsung-gun, Gyeongsung-gun, for a more time.

Therefore, the victim cannot drive a drinking alcohol.

In addition, on the ground that the defendant took the key of the vehicle, the defendant brought a tree monm (115 cm in length, 2.5 cm in thickness) which is a dangerous object in the surrounding area due to the victim's vision, and brought a steel monm in two times with the victim's face, thereby leaving the victim's face more than 150,000 won in the market price owned by the victim.

As a result, the defendant carried dangerous articles with the victim about three weeks of medical treatment, added an open room to the victim, and damaged the victim's property at the same time.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspect C by the police;

1. Statement made by the police against D;

1. A report on dispatch to the scene of a reported case;

1. Application of Acts and subordinate statutes to each investigation report (a written confirmation of medical records, a medical certificate, and an agreement);

1. Relevant provisions of the Criminal Act and Articles 258-2 (1), 257 (1) (a point of special injury), 369 (1), and 366 of the Criminal Act concerning facts constituting an offense;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. The sentencing conditions under Article 51 of the Criminal Act, such as the defendant's age, sexual conduct, environment, and circumstances after committing a crime, shall be determined, taking into consideration the following two factors: (a) assaulting the defendant using dangerous objects with the reason for sentencing under Article 62(1) of the Criminal Act; (b) the risk of such assault is high; (c) absence in a trial; (d) agreements with the victim; (e) confession and reflection of the period of detention;