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(영문) 창원지방법원 2018.06.08 2018고단1026

특수상해

Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 7, 2018, the Defendant, at around 20:30 on April 20, 2018, performed drinking together with the victim E (47 years) who was a middle school operator E (47 years of age) at a 5-time D restaurant in the window C, Changwon-si, and the injured party, who was the ship, fright, performed frighting against the Defendant, thereby doing so. On the other hand, the Defendant frighted the frighter’s disease, which is a dangerous object on the table, and frighted one time to the right side of the victim, caused the victim’s injury, such as the second fright, which requires approximately two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A medical certificate and a medical opinion;

1. Application of Acts and subordinate statutes to the site and photographs of damaged parts;

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 Act on the Suspension of Execution of the Criminal Procedure is that the defendant, in the restaurant, was in the influence of alcohol with the victim while drinking together with the victim, the head of the victim was fluor sick and the injury was inflicted on the victim’s head is not an exceptional crime that may pose a dangerous risk to the life of a person.

In addition, the defendant has been punished several times due to the same crime and has committed a second offense without being aware of the past.

However, the defendant reflects his fault in depth.

It seems that the latter victim has lost self-control power and has committed contingent crimes.

The victim did not want to be punished by the defendant, and the victim also submitted a written application to seek the defendant's preference, with the burden of the medical expenses of the victim and the smooth agreement with the victim.

Of the previous criminal records in the preceding five years, one fine is imposed on one person. The fact that there is a family member to support may also be considered in favorable circumstances.

In addition, the sentencing conditions, such as the age, sex, environment, circumstances, and circumstances after the crime, shall be comprehensively considered, and the punishment shall be determined as per the order.