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(영문) 창원지방법원 2016.11.25 2016고단378

특수상해

Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

On November 23, 2015, the Defendant was urged to pay KRW 500,000 to the victim C (year 48 years of age) in front of his house located in Kimhae-si B on November 23, 2015, and the victim’s face is taken one time as a drinking, and “ception” is placed on the victim.

Ep. Magr. Magrhman will co-pathn.

‘The Methical theory' was put into place.

이후 피고인은 자신의 집에서 위험한 물건인 식칼 1자루(전체길이 약 30cm)를 가지고 나와 이를 오른손에 쥔 채로 왼 주먹과 손바닥으로 피해자의 오른쪽 얼굴을 약 7회 때리고, 왼발로 피해자의 가슴 부위를 2회 걷어 차 피해자에게 약 14일간의 치료가 필요한 우측 흉부 좌상 등을 가하였다.

Summary of Evidence

1. A suspect's statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to a written statement and a written diagnosis of injury;

1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (i.e., that the degree of injury of the victim is not much severe, and that the defendant has been punished by a fine of this kind only once before he/she is sentenced to a fine);