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(영문) 창원지방법원 2016.03.23 2016고단193 (1)
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

B, C, and the defendant are Vietnamese people, and those of this kind of relationship between B and C, and the defendant are the relatives of B's friendship D.

B around 01:00 on January 17, 2016, around 01:0, at the F-age clubs located in Seongbuk-gu, Sungwon-si, Sungwon-si, G was inevitably joined with G, but was caused by beer’s disease, etc. from H and I, who is the first jud in the above G.

B, as above, contacted Do-gu D to the effect that “I would have been faced with another person,” and “I would like to go against it,” and, as soon as possible, met the victim H in front of the first floor of the J convenience store located on the building of the said Do-dong.

B around January 17, 2016, around 01:35, around 01:00, at the front of the J convenience store, the victim’s head was 10 times by a small-scale person who is a dangerous object, and via the above D, the victim’s head was 10 times by combining the above contents. C and the Defendant were 5 times by drinking the victim’s face and head at around five times by drinking, and the Defendant suffered injury to the victim’s head H by putting about two times by drinking the victim’s face while walking at one time.

Accordingly, the defendant, in collusion with B and C, sustained an injury to the victim by carrying a dangerous spawn-in disease, which is an object.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement of the police statement to K and G;

1. Application of statutes on site photographs;

1. Articles 258-2 (1), 257 (1), and 30 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 Defendant’s crime of this case on the grounds of sentencing under Article 62(1) of the Criminal Act, on the ground that the crime of this case was committed with dangerous articles, and thus, the nature of the crime is very poor. As such, the Defendant’s corresponding punishment is inevitable.

However, in full view of the circumstances such as the fact that the defendant has no particular criminal history, and other circumstances such as the age, sex, environment, etc. of the defendant, it is ordered as the order.

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