beta
(영문) 창원지방법원 통영지원 2018.09.19 2018고단770

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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 22:50 on April 25, 2018, the Defendant requested the victim D (65 ) to be subject to apology on the facts of assaulting the victim D (65 Do) who was the defendant's head, on the front of the C main point located in Tong Young-si B, 2018. However, as the victim was refused, the Defendant collected the victim's head from the victim, thereby making it impossible to identify the number of days of treatment.

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of D;

1. A photo of the damaged part;

1. Application of Acts and subordinate statutes to each investigation report (investigation into the status of on-site mobilization, injury level, etc., and attachment of records of treatment of victimsD);

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. The reason for sentencing under Article 62(1) of the suspended sentence under the Criminal Act is against the defendant's recognition of the crime of this case, the full agreement with the victim is reached, the background leading up to the crime of this case, the victim's head and the degree of bodily injury is not easy, and the defendant's age, sex, environment, motive and circumstance of the crime, and circumstances after the crime are considered comprehensively, and the punishment is determined as ordered.