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(영문) 창원지방법원 2019.09.25 2019고단1849

특수상해

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 30, 2019, around 09:40 on May 30, 2019, the Defendant, while engaging in the first work as a public labor activity in front of the main body of C Elementary School C, which was located in Jinhae-si B, Changwon-si B, was wrong for the victim D (the age of 53) who was working for the work, and was in dispute with the victim.

During that process, the Defendant laid down the Defendant’s upper body of the victim who was seated in the upper body, such as a reconution, which is a dangerous object cited by the Defendant’s hand, and laid down the Defendant’s arms and losses, which are dangerous objects to the victim’s right while standing up.

As a result, the Defendant carried dangerous things with the victim and inflicted an injury on the victim, such as the closure of a rivershed in need of treatment for about four weeks, and the open wound, hand, hand, and hand.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes of the body or diagnostic report of injury;

1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. Article 52 (1) and Article 55 (1) 3 of the Criminal Act for mitigation of self-denunciation;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act on probation and community service order [Scope of Recommendation] 02. - The area of mitigation of punishment for special injury, repeated crime injury (special injury between April and year) (limited to imprisonment for four months) - The special prison: The defendant's age, character and behavior, the content and circumstances of the instant crime, and the circumstances after the crime shall be comprehensively considered in the following circumstances, and the punishment shall be determined as per the order.

D. Unfavorable circumstances: The degree of injury suffered by the victim is too heavy due to the crime of this case, which is a dangerous object without attending the netization, and is highly likely to cause violence and danger of the crime of this case.

The victim did not recover from damage properly.

However, the Defendant shall pay medical fees to the victim immediately after the instant case.