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(영문) 광주지방법원 순천지원 2016.11.24 2016고단493
특수상해
Text

A defendant shall be punished by imprisonment for one year.

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

At around 19:40 on August 5, 2015, the Defendant, without any special reasons, tried to display the shouldered cup, which was a dangerous thing on the head part of the victim E (year 54) and prevented him from driving the d restaurant in the net city C, and then put the victim's left part on the upper part of the victim's shoulder, which was in dispute with the driving of the d restaurant in the net city C, to the upper part of the victim's left part, which was a dangerous thing on the head part of the victim E (year 54).

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of E and F;

1. A medical certificate;

1. Application of Acts and subordinate statutes to photographs of the parts of the victim's body;

1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act on probation and community service order is that the victim's damage was not completely recovered, and that the victim's damage assessment is not good is disadvantageous to the defendant.

However, a punishment to prevent recidivism shall be determined in consideration of the fact that there is no particular criminal history other than fines after around 2000, his/her mistake is divided, and the detention has been made for a certain period of time, etc.

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