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(영문) 창원지방법원 2018.04.11 2018고단387
특수상해
Text

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

On December 22, 2017, at around 22:25, 2017, the Defendant listened to the phrase "Csing room in Kimhae-si B" 5 'Csing room in the same place of work D (47 years) and D (47 years) while drinking alcohol, the Defendant saw that he would drink much from the injured party while drinking alcohol, which is a dangerous object on the table, and caused the beer's illness to go through twice again, and caused the victim to suffer approximately 10 days of treatment.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A written diagnosis of injury;

1. Application of statutes on field photographs;

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. The reason for sentencing under Article 62(1) of the Criminal Act in the suspension of execution is that the Defendant, at a singing room, inflicted an injury on the victim’s head two times due to a sudden beer, while drinking the victim at a singing room, is not a crime that may pose a risk of threatening the life of a person.

However, the defendant reflects his fault in depth.

All the defendants and victims seem to be a contingent crime that is committed in a timely manner to the extent that they could not memory the specific details of the crime and reasons.

With the smooth agreement with the victim, the injured party does not want the punishment of the defendant.

The defendant has never been convicted of the same kind of crime or suspension of execution.

A family with a family member to be supported can also be considered as a favorable situation.

In addition, the sentencing conditions, such as the age, sex, environment, circumstances, and circumstances after the crime, shall be comprehensively considered, and the punishment shall be determined as per the order.

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