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(영문) 광주지방법원 2017.08.24 2016고단3903

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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 3, 2016, at around 22:10 on August 3, 2016, the Defendant argued about the success of the victim in the 2nd floor D Party in Gwangju-gu, Gwangju-gu along with E, E, F, and Victim G (44 ). The Defendant argued about the success of the victim in the cushion.

'A accurate examination of ‘A' in the physical records of ‘A'.

“The victim, as the answer is, was set up on the floor of the party-gu documentary, and “I am bit of bitch. I am bit of bitch.”

“Absing the victim’s head on one occasion as the documentary of the party-gu, on the ground that the victim’s head was expressed.”

As a result, the Defendant carried a dangerous object-related documentary and inflicted injury on the victim, such as cerebral celebru which requires medical treatment for about two weeks.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of witness G, each legal statement of witness E and F;

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes, such as photographs of party organs used for committing crimes, etc.;

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 Act on the Suspension of Execution [The defendant and his defense counsel] Article 62 (1) of the Criminal Act: (a) In light of various circumstances, such as the relationship between the defendant and the victim, the place and situation of the occurrence of the case, the circumstances in which the defendant was using the GucC, and the extent of violence and bodily harm inflicted on the defendant at the time of the occurrence of the

It is difficult to see this case’s assertion that it cannot be seen as a dangerous object of the above documentary agreement.

However, in light of the background leading up to the Defendant’s assault by using the party-to-face documentary, the method of the assault, the degree of the injury inflicted on the victim, etc., recognized by each of the above evidence, it was possible for the victim to have sufficiently suffered physical harm due to the said party-to-face documentary.

Clearly, the above argument is difficult to accept.

While it is a crime during the period of suspended execution of sentencing, it leads to the relationship between the defendant and the victim and the crime.