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(영문) 창원지방법원 2018.03.28 2018고단117
특수상해
Text

A defendant shall be punished by imprisonment for six 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 January 5, 2018, around 23:40, the Defendant, at a singing room located in B, at the window B of Changwon-si, called “the victim D (37 tax) who was an employee of his/her company, was in conflict with the victim D (37) who was in charge of the said dispute, and was on the part of the head of the damaged person’s disease, which is a dangerous thing.”

As a result, the Defendant inflicted injury on the victim, which requires approximately five weeks of treatment, on the right side, two parts and the right side.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A written diagnosis of injury;

1. Application of statutes on site photographs;

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 the sentencing of Article 62(1) of the Criminal Act Article 62(1) of the suspended sentence is that the Defendant, on the grounds of the sentencing, was the victim’s beer and injured, is a dangerous crime that may pose a threat to human life.

As a result, the victim suffered some injuries from the boness below, and thus, the result of the crime is not easy.

However, the defendant reflects his fault in depth.

It seems that the victim, who is an employee of the company he/she operates, has lost his/her ability to control at the end of the dispute and has committed a contingent crime by interesting.

By paying 5 million won to the injured party, the injured party does not want the punishment of the accused.

After completion of treatment, the victim seems to have maintained a smooth relationship, such as continuing to work in the defendant company.

There has been no same criminal record during the last ten years, and there has been no criminal record of suspended execution or more.

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.

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