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(영문) 창원지방법원 마산지원 2017.11.28 2017고단819

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 July 21, 2017, the Defendant: (a) performed meals at “OOO cafeteria cafeteria” located in Changwon-si, Changwon-si, Changwon-si; (b) on July 21, 2017, on the ground that the victim D (n, 56 years of age) who is an employee, gave glue to the defendant, glus, he was a smaller, who is a dangerous object on the test table, that the defendant does not cause glusium, and was at least twice the head at his/her right side side, and continued to take the head at his/her hand.

As a result, the defendant carried dangerous objects and damaged the victim's reputation of face that needs to be treated for a period of two weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A written diagnosis of injury;

1. Application of investigation reports (related to the attachment of CCTVs on the face of a suspect) and photographs attached thereto;

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 on the suspended execution;

1. The sentencing conditions under Article 62-2 of the Social Service Order Criminal Act, including Defendant’s age, sex, environment, motive, means and consequence of the crime, and the circumstances after the crime, shall be determined as the same as the order.

Unfavorable circumstances: Dangerous small-scale disease, which is a dangerous thing, causing injury to the victim, and the nature of the crime is bad.

A person who was unable to receive an explanatory note from the injured party.

The favorable circumstances: The crime of this case is against the law.

No person who has been sentenced to suspended sentence or heavier punishment shall be punished.