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(영문) 창원지방법원 통영지원 2016.07.20 2016고단125

특수상해

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Criminal facts

On January 8, 2016, the Defendant: (a) within the O convenience store located at Gyeongnam-si B around 06:10 on January 8, 2016, to the victim C (28 years) who is an employee, “if any.”

It is necessary for the victim to ask "if it is next to it and it is necessary to do so."

"In response to this, the victim's head was unloaded once by putting about about 15 cms of drinking water, which is a dangerous object on the calculation stand, while being humped.

As a result, the defendant carried dangerous articles with the victim about 14 days of medical treatment, and put up two cargo open to the victim for medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A written diagnosis of injury;

1. Application of the Act and subordinate statutes to a criminal investigation report (hereinafter referred to as the said video CDs and caps photographs);

1. Relevant laws and Articles 258-2(1) and 257(1) of the Criminal Act concerning criminal facts and the selection of punishment (limited to imprisonment and punishment as imprisonment, since only the provisions of imprisonment are applicable);

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act, such as the observation of protection, order to attend lectures, or reasons for sentencing under Article 62-2 of the Social Service Order - Circumstances favorable to him/her: Deposit of a certain amount (1.5 million won) for the victim;

(k) Unfavorable circumstances: Various times, consisting of dangerous factors such as the unloading of the head of the victim and the high risk thereof; there is no room for particular consideration in the motive of the crime; there is no agreement with the victim; and there is a history of punishment for the same kind of violent crime;

- Other conditions of sentencing under Article 51 of the Criminal Act, such as the Defendant’s age, sex, environment, and circumstances after the commission of the crime, etc., the Defendant’s punishment shall be determined by taking into account the following factors: risk, reflectiveness, and reflection; order to attend a lecture, and order to provide community service shall be added.