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(영문) 창원지방법원 마산지원 2016.08.31 2016고단672

특수상해

Text

1. Defendant A shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. At around 02:50 on April 27, 2016, Defendant A inflicted an injury upon Defendant B, on the grounds that Defendant B’s face is frightened and frightened at the F restaurant located in Changwon-si, Changwon-si, Mawon-si, on the ground that Defendant B’s first frightening and drinking together with Defendant B while drinking alcohol, Defendant B’s face is frightened, and Defendant B’s right eyebrow was frightened, and that Defendant B’s right eyebrow was 1.5cm teared.

2. At the time and place set forth in paragraph 1, Defendant B collected a restaurant table and chair, which is a dangerous object against Defendant A’s assault, and served Defendant A’s face as a drinking house after gathering the cafeteria, which is a dangerous object against Defendant B’s assault, and thereby, Defendant B inflicted injury on Defendant A, who was in need of treatment for about 21 days, such as damage of ear’s character, flasing of a non-fel, etc.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each protocol concerning interrogation of the Defendants prepared by the police;

1. Investigation report (limited to photographic photographs of crimes and photographs attached to the damaged body);

1. Application of Acts and subordinate statutes to Defendant A of the written diagnosis of injury

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 (the Defendants recognized their mistakes and reflect each other; the Defendants agreed smoothly; the Defendants do not constitute grounds for disqualification from suspension of execution; and the Defendants do not repeat the crimes related to violence again.

(3) such consideration as the

1. Article 62 (1) of the Criminal Act for the suspension of execution (the same reason shall be repeatedly considered);