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(영문) 광주지방법원 순천지원 2018.09.11 2017고단2040

특수상해

Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

On August 26, 2017, the Defendant was living together with the Defendant in Gwangjuyang City B, around 23:00, and performed drinking together with the Defendant D (D, credit, 34 years of age) who is a Chinese citizen, and was living together with the Defendant on the ground that the victimized person continued to d'(D, credit, and 34 years of age) was d', and was fit for the victim's head.

As a result, the defendant carried dangerous articles and put the head body in which the period of treatment can not be known to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of the photographic Acts and subordinate statutes;

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 the amount of loss (see, e.g., the fact that a damaged person is not subject to punishment, the fact that the injured person is dead at the time of committing the crime, the fact that the injured person is dead and reflects, and the degree of injury is not excessive);

1. Article 62 (1) of the Criminal Act on the suspension of execution (resumed grounds for reduction of the amount of punishment);