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(영문) 광주지방법원 순천지원 2018.05.11 2017고단2205
특수상해
Text

A defendant shall be punished by imprisonment for not less than nine 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

On September 23, 2017, the Defendant: (a) around 23:20 on September 23, 2017, while drinking and drinking alcohol to the victim D (47 aged) and the victim, who was aware of his knowledge at C alcohol house located in Bosung-gun B, she saw her empty disease, which is a dangerous object on the table of the victim, on the ground that the victim makes a false statement; (b) laid the part of the victim’s left head two times and laid down two weeks on the part of the victim, thereby requiring two weeks of treatment to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A medical certificate;

1. Application of statutes on site and victim 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 main sentence of Article 62 (1) of the Criminal Act;

1. The main sentence of Article 59(1) of the Act on the observation of protection and community service order, the main sentence of Article 62-2(1) and the main sentence of Article 62-2(2), the main sentence of Article 59(1) of the Act on the Observation, etc. of Protection, Etc., has many violent records against the Defendant (one time before the suspension of the execution of imprisonment with prison labor), and the crime of this case is bad.

On the other hand, the fact that the defendant is against the defendant and the victim does not want the punishment against the defendant is favorable.

The punishment for the prevention of recidivism shall be determined in consideration of such circumstances as the defendant's age, health status, family environment, motive and background of the crime, degree of damage, and circumstances after the crime, etc.

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