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(영문) 광주지방법원 2017.12.20 2017고단3698
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 12, 2017, the Defendant: (a) around 05:20 on July 12, 2017, while drinking alcohol together with the victim F and G in Gwangju-dong-gu, the Defendant: (b) committed assault, such as satching and satisfing the victim, while drinking alcohol; (c) the two female satching with the victim F and G going home to the victim; and (d) when the victim and the victim were satching, the Defendant inflicted injury on the victim, such as the victim’s head and face, which is an object of danger of satisfing, by sating the victim’s satch, and satching the victim’s head and face.

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspect with respect to F;

1. Application of Acts and subordinate statutes to field photographs, photographs of damage, investigation reports (agreement and medical certificate attached thereto);

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 (the following sentencing shall be considered in consideration of the favorable circumstances in which the sentencing is significant);

1. The reasons for the suspended sentence under Article 62(1) of the Criminal Act (the following sentencing has been repeated in favorable circumstances) are as follows: (a) the sentencing conditions specified in the pleadings, such as the following circumstances and the defendant’s age, sexual conduct, family relationship, family environment, motive and means of the crime, and the circumstances after the crime.

Unfavorable circumstances: In light of the method of crime of this case and the degree and degree of injury, etc., the nature of the crime is poor.

The defendant is a first offender, and his mistake is against his depth.

Damage victims have not been punished for the defendant.

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