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(영문) 광주지방법원 2016.06.02 2016고단855

특수상해

Text

Defendant shall be sentenced to six months of imprisonment, and the execution of the above sentence shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 6, 2016, at around 04:15, the Defendant: (a) threatened the victim E (21 years of age) with two main diseases, which are dangerous objects he was in possession on the ground that he was drinking in front of the 'D cafeteria' located in Gwangju-gu, Gwangju-gu, on the ground that he was drinking in the street; (b) continuously caused the victim’s injury, such as the impairment of the crocity, which requires approximately two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the police accused;

1. Statement protocol to E by the police;

1. Application of Acts and subordinate statutes to written statements, photographs of damaged parts, and written diagnosis of injury;

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 reason for sentencing under Article 62(1) of the Criminal Act is that the defendant recognized the crime of this case, and his depth is divided.

In light of the method of the crime of this case and the degree of injury, etc., the case is not easy, and the accused has two times criminal records of the fine and one time criminal records of the suspension of indictment in relation to violence.

However, the victim's agreement was submitted to the effect that the defendant does not want to be punished during the trial process.

In addition, it is decided as per the Disposition in consideration of all the circumstances regarding sentencing.