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(영문) 광주지방법원 해남지원 2017.02.09 2016고단486

특수상해

Text

A defendant shall be punished by imprisonment for six 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

On October 22, 2016, the Defendant made the victim D (29 years old) who is a guest at C store operated by the Defendant located in the Namnam-gun, Namnam-gun, Namnam-gun on October 22, 2016, saying, “spits e.g. frine on the floor of the household.”

Accordingly, E, the victim's first-class E, was shaking the head debt of the defendant by putting the defendant with the wall, and the victim D also frighted the head debt and frighted the beer's disease against the frighter against the frighter of the frighter, leading up to approximately 1 week medical treatment of the victim D and the victim F (27 h), and put the victim F on an open top of the frighte who requires medical treatment for about 14 days.

Summary of Evidence

1. Statement by the defendant in court;

1. Each protocol concerning the examination of suspect of the police against E or D;

1. Statement made by the police with regard to F;

1. A medical certificate of injury and a medical certificate;

1. On-site photographs and caps of CCTV images;

1. Application of Acts and subordinate statutes to a criminal investigation report (the situation of mobilization, CCTV image verification at the place of occurrence, and closure);

1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the 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. Article 62 (1) of the Criminal Act on the suspended execution;

1. The crime of this case on the grounds of sentencing under Article 62-2 of the Criminal Act is a case involving an injury to beer and beer, which is an article dangerous to the victims, and the crime of this case is not appropriate in light of the type of dangerous articles used by the defendant and the damaged parts, etc. of the dangerous articles.

The defendant should be punished strictly.

However, in the case of this case, there are some favorable circumstances for the defendant, such as the defendant's reflection, the victims' refusal to have the punishment against the defendant, the defendant has no record of punishment, and there are some reasons to consider in the occurrence of the case, and the suspension of execution shall be sentenced only once, taking this into account.