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(영문) 창원지방법원 마산지원 2016.05.24 2016고단269

특수상해등

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On November 8, 2015, the Defendant, at the D convenience store located in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, Hagu, Gyeong-gun, Gyeong-gun, Gyeong-gun, Gyeong-gun, Gyeong-gun, Gyeong-gun, who was the seat of Defendant wife, went to the age problem while drinking together with the victim E (46 years of age) who was the seat of Defendant wife, and went to the left-hand part of the victim's disease, which was a dangerous object on his/her customer, and went to the left-hand part.

As a result, the defendant carried dangerous articles and put a eyebrow on the left-hand side where the number of days of treatment cannot be known to the victim.

2. On November 8, 2015, at around 01:20, the Defendant told the victim that he was asked questions about the circumstances of the instant case from the victim G, who is the police officer of the police station in the Gyeongnam Police Station, who was called up after receiving a report of 112 on the same ground as that set forth in paragraph (1) at the place set forth in paragraph (1) at around 01:20, the Defendant told the victim that “I must sing off, sping.”

Accordingly, the defendant openly insultingd the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to G, I, and E;

1. A H statement;

1. Application of each statute on photographs;

1. Relevant legal provisions of the Criminal Act, Articles 258-2 (1), 257 (1) (a point of special injury) of the Criminal Act, and Article 311 of the Criminal Act (a point of insult and choice of imprisonment);

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (within the scope of the sum of the long-term punishments for two crimes);

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The sentencing conditions under Article 62-2 of the Social Service Order Criminal Act, including Defendant’s age, sex, environment, motive, means and consequence of the crime, and the circumstances after the crime, shall be determined as the same as the order.

D. Unfavorable circumstances: The crime of this case is committed against the victim due to an injury to the victim, which is a dangerous object, and it is not good that the police officer dispatched after receiving a report is insulting.

The crime of this case is committed.