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(영문) 창원지방법원 2017.11.22 2017고단3142

특수상해

Text

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

Seized evidence No. 1 shall be confiscated.

Reasons

Punishment of the crime

On August 29, 2017, at around 06:25, the Defendant: (a) taken the victim E (38) in a smoking room in D in Kimhae-si, Kimhae-si, for the reason that the victim’s e (38:38) was neglected while putting the victim into a smoking room; (b) put the victim into a smoking room; and (c) put the victim’s face, which is a dangerous object that had been prepared in advance, into a smoking room (a total length of about 30 cm, approximately 2.5 cm, a thickness of 2.5 cm). The Defendant took one time more and more times the victim’s back water level through a declineing; and (d) take back the victim’s back water level through a declineing; and (e) cut back, which is a dangerous object in a locking room after the declineing.

Happing from the victim, as the victim was flicked, the victim was injured by the external trauma booming 29 days in need of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Each injury diagnosis letter;

1. A protocol of seizure and a list of seizure;

1. Application of the Acts and subordinate statutes governing the crime tool photographs, on-site photographs, and ctv-fags;

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 reasons for sentencing under Article 48(1)1 of the Criminal Act for sentencing are as follows: (a) the Defendant acknowledges and reflects the instant crime; and (b) the first offender is the first offender.

However, the Defendant’s crime of this case is not likely to be committed by preparing for the decline with the implements of the crime, and the victim, due to the crime of this case, has not recovered from damage even though the injury was serious, such as leaving the bones, leaving very snow, etc.

In addition, the punishment as ordered shall be determined by comprehensively taking into account the details and motive of the crime, means, age of the defendant, sexual conduct, environment, circumstances after the crime, etc. and various conditions of sentencing as shown in the pleading.