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(영문) 광주지방법원 해남지원 2017.08.24 2017고단224
특수상해
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

On May 4, 2017, the Defendant: (a) around 06:20, in front of the Southernnam-gun, the deaf road, the neighboring victim D (57 cm) and the Defendant’s discussion about the problem; and (b) in the inserting of dangerous objects (96 cm in total length) which were held to engage in agricultural activities, the Defendant inflicted an injury on the victim’s left head at one time; and (c) caused an injury on the part of the two frameworks in need of six weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A medical certificate (D), a copy of a first diagnosis report, a request for medical treatment of an emergency patient, a copy of a medical record, and a gene appraisal report;

1. A detailed statement of the processing of reported cases;

1. A protocol of seizure and a list of seizure;

1. A copy of a photograph of the damaged scene, a damaged photograph, a identification-related photograph, a copy of each relevant photograph, and a copy of a part of the MIM image, and a CD of the MIM image;

1. Application of Acts and subordinate statutes on investigation reporting;

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

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

1. Article 62-2 of the Criminal Act on the observation of protection;

1. In light of the type of dangerous articles used by the defendant for the reason of sentencing under Article 48(1)1 of the Confiscation Criminal Act, and the degree of damage, etc., the crime of this case is not very good that the nature of the crime of this case was committed.

In addition, the defendant did not commit the crime of this case even though he had been punished for the same crime.

The defendant should be punished strictly.

However, the defendant reflects his mistake, the victim does not want to punish the defendant, and the defendant does not repeat the same kind of crime again in age.

The sentencing factors revealed in the trial process of this case, such as character, environment, background of crime and circumstances after crime, etc., shall be considered as favorable to the defendant, and the punishment as ordered shall be determined by taking into account all the factors of sentencing revealed in the trial process of this case.

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