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(영문) 창원지방법원 통영지원 2017.07.13 2017고단580
특수상해
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

The defendant is a victim C and a worker's partner.

On December 19, 2016, the Defendant, at around 22:30 on December 19, 2016, had a dispute with the victim's face in drinking, and had the victim's head, who is a dangerous object in drinking, was at the victim's seat.

In this respect, the defendant carried dangerous articles and put the victim a second scam in the number of days of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol against C and E;

1. A written statement;

1. Application of Acts and subordinate statutes confirming medical treatment;

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

1. The crime of this case on the grounds of sentencing under Article 62-2 of the Social Service Order Criminal Act is disadvantageous to the fact that the method of punishment is dangerous, and it is not possible to receive a letter or obtain a smooth agreement from the injured party, because the dangerous object was at the head of the injured party.

However, the fact that the defendant recognizes the crime of this case and reflects the mistake, the degree of injury of the victim is not deemed to be serious, the defendant deposited one million won for the victim, and the fact that the defendant has no record of criminal punishment is favorable.

The punishment shall be determined as ordered in consideration of all the circumstances that are conditions for sentencing, such as the defendant's age, sex, environment, motive and background of the crime, and circumstances after the crime.

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