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(영문) 창원지방법원 진주지원 2017.11.22 2017고단760
특수상해
Text

Defendant

A shall be punished by imprisonment for eight months.

However, the execution of the defendant A's above punishment for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

Defendant

A around 02:20 on December 13, 2016, around 02:0, around 02:20, after drinking the victim B (the 40 years of age) and drinking alcohol at the main point of Sacheon-si, Sacheon-si, Sacheon-si, the alcohol value was paid on behalf of the mother and child ra, and the victim was "the person who has been able to pay the alcohol value" and "the patient was able to pay the alcohol value," and he was fright at the bar, which is a dangerous object at this point, and caused the victim's bodily injury to the victim by taking approximately four weeks of treatment in accordance with the victim's left chest and right hand.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to B or F;

1. A medical certificate;

1. Application of statutes on field photographs;

1. Relevant Article 258-2 (1) and Article 257 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

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 stay of execution (the fact that the injured person does not want the punishment, and the injury is not relatively heavy);

1. Part concerning the observation of protection and the part concerning dismissal of prosecution against Defendant B under Article 62-2 of the Criminal Act;

1. On December 13, 2016, around 02:20, the Defendant assaulted the victim’s face at the main point of S(D) located in Sacheon-si, Sacheon-si, Sacheon-si, D (mutual change: E) by the victim A(48 years of age) on one occasion.

2. Determination

(a) Crimes of non-violation of intention: Article 260 (3) of the Criminal Act;

B. On November 8, 2017, after the institution of the instant public prosecution, no penalty is imposed.

(c) Judgment dismissing a public prosecution: Article 327 subparagraph 6 of the Criminal Procedure Act;

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