beta
(영문) 창원지방법원 통영지원 2016.02.18 2015고단1169

특수상해

Text

A defendant shall be punished by imprisonment for one year.

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 September 17, 2015, at around 22:50, the Defendant, in the D main corridor located in Tong Young-si, had a dispute over the assault case prior to the victim E (the remaining and 43 years of age) on September 17, 2015, and caused the Defendant to inflict a bodily injury, such as d main joints and joints of the victim, by gathering beer disease, which is a dangerous object at the location where he or she left, and she was in need of approximately 6 weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and F;

1. Application of Acts and subordinate statutes to report on investigation (an investigation into attaching a medical certificate and a written agreement);

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 on the suspended execution;

1. Under the grounds for sentencing under Article 62-2 of the Criminal Act, the sentencing conditions of the instant case, including the Defendant’s age, sexual conduct, environment, motive for committing the crime, and circumstances after committing the crime, shall be determined as ordered by taking into account the following circumstances:

The favorable circumstances: The fact that one's mistake is divided and reflected, the fact that the other party has agreed with the victim smoothly, etc.; the fact that the injury was inflicted on the victim's head due to the beer disease, which is a dangerous object, and the degree of damage is not easy.