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(영문) 창원지방법원 2019.03.20 2018고단3114

특수상해

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On October 18, 2018, at around 01:40, the Defendant committed assault by the victim’s head to the so-called “C”, i.e., “C,” which is a dangerous object on the ground that the victim D(25 years of age) who was sitting and drinking alcohol on the table table No. 10, and she was able to do so.”

As a result, the Defendant inflicted bodily injury on the victim, i.e., bodily injury on the victim, savement, savement, etc. which requires medical treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A written diagnosis of injury;

1. Application of CCTV images-cap photographs and CD-related Acts and subordinate statutes;

1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act / [Scope of Recommendation] / The basic area (one month to two years of imprisonment) of category 1 (Special Injury by Bodily Injury) (the decision of sentence] / The defendant's age, character and conduct, family relationship, the degree of injury suffered by the victim, the contents and circumstances of the instant crime, and the circumstances after the crime shall be determined as ordered by taking full account of various sentencing conditions, including the defendant's age, character and conduct, family relation, degree of

D. Unfavorable circumstances: The main illness is highly likely to cause violence and danger of the crime of this case, which leads to the victim's head, and the responsibility for the crime is heavy in that the victim took such action without any particular reason.

There was no action to recover damage, and the victim did not receive a letter of suspicion.

The favorable circumstances: The Defendant recognized the instant crime, thereby not repeating the same mistake.

There is no record of criminal punishment except punishment as a fine for a crime of another kind in the past.