beta
(영문) 창원지방법원 마산지원 2017.11.10 2017고단641

특수상해등

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

1. Around April 1, 2017, the Defendant: (a) sustained injuries in the “D” car page operated by the victim C (hereinafter “D”) on the second and the second floor of Changwon-si Masan B, Changwon-si; (b) caused the victim’s injury to the victim, on the ground that the victim had expressed his/her self-esteem as a matter of the drinking value, and caused the victim’s injury, such as the open cocon part of the victim’s cocon for about 14 days, by taking one time into account the victim’s cocon part on the table.

2. The Defendant violated the Resident Registration Act, upon receiving 112 reports from the cases described in the above paragraph (1) at the time and place specified in the above paragraph (1), was asked by the police officers and one other than the police officers assigned to the Mapo-gu Police Station E (Korean Police Station) Police Station, asked the Defendant’s pro-friendly G resident registration number.

Accordingly, the defendant used another person's resident registration number unlawfully.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of G;

1. Statement made by the police against C;

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes to photographs of victims;

1. Relevant legal provisions and special injuries to the crime: The fact of unlawful use of resident registration numbers under Articles 258-2 (1) and 257 (1) of the Criminal Act: Article 37 subparagraph 10 of the Resident Registration Act, the choice of imprisonment with prison labor;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (an aggravated punishment for concurrent crimes with severe special injury) shall be applied to concurrent crimes;

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

1. Although the Defendant did not agree with the victim of a special injury for the reason of sentencing under Article 62-2 of the Social Service Order Criminal Act, the Defendant’s recognition of and reflects on his/her criminal act, the Defendant has the criminal records such as assault and assault against him/her, but there is no heavier criminal records than the suspended sentence, and the Defendant’s age, occupation, family relationship, and the circumstances after the crime, etc. shall be determined