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(영문) 창원지방법원 진주지원 2017.09.13 2017고단400

특수상해

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

On February 5, 2017, the Defendant: (a) around 17:40, around 17:40, in Jinnam-si, and (b) caused the victim’s face at one time in drinking, on the ground that the victim E (58 years old) would be bad, and (c) caused the victim’s head one time in drinking, and (d) caused the victim’s injury, such as an open wound, which requires approximately three weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police for E;

1. Deficial photo of an injury;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Grounds for sentencing under Articles 264 and 257 (1) of the Criminal Act with respect to the facts constituting an offense;

1. Application of the sentencing criteria: The sentence of recommending special injury: One year and June, two years to six months (the area of mitigation): Efforts to recover damage;

2. The Defendant, who was sentenced to punishment by violence, was sentenced to 21 times of imprisonment with prison labor and three times of suspended sentence among them.

The crime of this case is committed by the defendant who was sentenced to suspended sentence as a crime of injury.

The Defendant deposited KRW 2,00,000 for the victim.

In addition, the punishment as ordered shall be determined in consideration of all the sentencing conditions specified in the pleadings of the instant case, such as the age, sex, environment, background, means and result of the instant case, and the circumstances after the crime.