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(영문) 창원지방법원 마산지원 2019.06.12 2019고단247

특수상해

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 7, 2018, the Defendant: (a) around 23:00 on October 23, 2018, when the Defendant her wife and the victim C (the age of 16) and three of the parties to the Defendant her wife were at large interest with the Defendant’s wife in the process of giving guidance to the Defendant on the ground that the Defendant was humpinging the case on the ground that the victim’s wife was huming on the ground that the Defendant was humping, the Defendant thought that the Defendant was in favor of the Defendant’s wife, and she considered that the victim was in favor of the Defendant’s wife, and she took approximately 80cm in length, and she took each of the above items on the back of the victim’s left side, right side, and left side part of the victim’s wife, respectively.

이로써 피고인은 위험한 물건을 휴대하여 피해자에게 약 3주간의 치료가 필요한 귓바퀴의 열린 상처 등을 가하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to each investigation report (as regards attachment of photographs, attachment of a medical certificate);

1. Article 258-2 of the Criminal Act concerning the relevant criminal facts;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The reason for sentencing under Article 62(1) of the suspended sentence under the Criminal Act is that the defendant agreed smoothly with the victim, there is no record of the punishment of the defendant, and there is some part to be taken into account the circumstances leading to the crime of this case, but it seems that the defendant seems not to seriously reflect the crime of this case, and the degree of injury suffered by the victim, etc. shall be determined as ordered in light of all the circumstances.