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(영문) 창원지방법원 2016.11.24 2016고단3491

특수상해

Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

On September 8, 2016, around 19:00, the Defendant was in dispute with the victim E (the age of 60) at the D cafeteria located in the window C1 floor of Changwon-si, Changwon-si, on September 8, 2016, on the ground that the victim said that he “the victim was her at the age of her age,” and “the victim was she is not tightly her,” and the victim’s right shoulder, which is a dangerous object, was set up two times, and the victim’s right shoulder was viewed as a drinking.

In the end, the Defendant carried dangerous things and inflicted injury on the victim, such as the locking of the right to the right, which requires treatment for about 42 days.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of the Acts and subordinate statutes to the criminal place, the report on occurrence, each internal investigation report, each investigation report, and the results report;

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 for discretionary mitigation;

1. The suspension of execution of punishment under Article 62 (1) of the Criminal Act is not easy in that the defendant inflicts serious bodily injury by lowering the shoulder of the victim as a person who is a dangerous object at the end of the minor end of the trial: Provided, That the execution of the punishment shall be suspended in consideration of the fact that the past victim's past history of taking a shoulder operation seems to have affected the expansion of damage, and that the defendant did not have the same criminal record and reached a unanimous agreement with the victim;

b)In full view of the Defendant’s age, character and conduct, home environment, motive and circumstances of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission.