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(영문) 창원지방법원 마산지원 2018.09.19 2018고단831

특수상해

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 29, 2018, at around 20:0, the Defendant took part in a dispute with the victim D(44) of the victim D(S) located in Changwon-si Mapo-si C, Changwon-si on June 29, 2018. On the other hand, the Defendant: (a) took part in a horse dispute with the victim who was dissatisfied due to sound and smelling; (b) took part in each item (170cm in length) which is a dangerous object for the victim to have his/her desire heard; and (c) took part in the victim’s back and hand twice every two times in the victim’s face; and (d) continuously took part in the victim’s face, the Defendant did not take part in the brain 28 days in an open two body in which treatment between about 28 days is required; (d) the open top of the finger-saw, the son’s seat, the influence of the kne, the bee and tension of the kne, and other tensions and tensions.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of D;

1. Application of Acts and subordinate statutes to each investigation report, photograph, and medical certificate;

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. Article 62(1) of the Criminal Act provides that the degree of injury to a victim on the grounds of sentencing is not somewhat weak.

However, it shall be sentenced as ordered in consideration of the fact that the defendant acknowledges and reflects his/her mistake, the agreement with the victim, the circumstances of the case, the defendant's age, criminal records, etc.