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(영문) 창원지방법원 통영지원 2017.11.30 2017고단1616
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

The defendant is C operator in the city B, and the victim D (51) is a worker.

On October 4, 2017, the Defendant: (a) around 18:30, on the ground that there is doubt that the relationship between E and the victim, who is the wife of the Defendant, is doubtful; (b) taken one time a part of the victim’s arms, which is a dangerous object at that location, with the enormous machine (1m in length), which is a dangerous object at that location; (c) taken one time a part of the victim’s face, and went beyond the floor by drinking the victim; and (d) continued to take the victim’s face by drinking, the Defendant inflicted injury on the victim, such as the need to take medical treatment for about 14 days, damage to the cco’s slicity, and strawing.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A medical certificate of injury, or photographic photo of damaged parts;

1. Each investigation report and the application of Acts and subordinate statutes;

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

1. Article 53 of the Criminal Act and Article 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act of the community service order is that the method of committing the crime is extremely dangerous and the victim's wife is small;

shall not be effective.

However, all of the defendants' mistakes are recognized, there is no criminal history of the defendant, and there are some other circumstances to consider in the motive of the crime.

The sentence shall be determined as shown in the order, taking into account the points that may be seen.

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