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(영문) 창원지방법원 마산지원 2016.10.26 2016고단832

특수상해

Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

1. On June 7, 2016, the Defendant committed the crime against the victim D around 17:30, the Defendant found the victim D, who was on the way, and without any reason found the victim D, sent back one time to the victim’s chest, without any reason, the end part, which is a dangerous object, was in possession, was about 10cm (a.m., about 10cm, about 20cm, about 10cm, about 20cm from length), followed up the victim’s right chest by a 10-day test, etc.

2. The Defendant: (a) requested the victim G, an employee, to “a request to change an event product”; (b) was rejected; (c) the victim’s head was flicked once as described in paragraph (1), which is a dangerous object; and (d) the victim’s head was flicked in drafting the victim, and the victim was injured by the victim’s injury, such as avoiding the number of days of treatment, when the victim’s number of days of treatment could not be known, in the F store described in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement of D or G prepared by the police;

1. Application of Acts and subordinate statutes to investigation reports (such as photographing photographs of the upper part of the body);

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 2007Da15488, Apr. 2, 2007)

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

1. Probation under Article 62-2 of the Criminal Act;