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(영문) 광주지방법원 2017.06.16 2017고단1891
특수상해
Text

1. The defendant shall be punished by imprisonment with prison labor for eight months;

2.Provided, That the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 17, 2017, at around 22:10, the Defendant took a part of the victim’s head at one time, which is a dangerous object (22 cm in total length, 11 cm in length) due to the victim D (56 cm) and drinking, on the ground that the victim took a bath to the Defendant’s will.

Accordingly, the defendant carried dangerous articles and carried a two open wound where the number of days of treatment can not be known to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of D by the prosecution;

1. 1 photographs of a part damaged by the victim;

1. Application of Acts and subordinate statutes to an investigation report (report on the submission of a medical certificate to the E hospital, an emergency nursing record, an emergency center records, an emergency nursing record, and a medical opinion;

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. Reasons for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures;

1. The scope of applicable sentences under law: Imprisonment for six months to five years; and

2. According to the decisions of sentence, the sentence shall be determined as ordered, taking into account the following circumstances, such as the defendant’s age, sex, environment, family relationship, motive and consequence of the crime, and circumstances constituting the conditions of sentencing as shown in the records.

A favorable circumstances: The defendant is led to confession, and is against himself.

The victims agreed smoothly with the defendant.

Unfavorable circumstances: The defendant injured the victim's head by taking advantage of the family rank, and the nature of the crime is bad.

Upon request of the victim, the defendant made the victim statement by reducing the crime of the defendant in the police.

Defendant has a record of criminal punishment of a fine of two million won for each of the crimes of bodily injury around June 2010 and around April 2014.

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