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(영문) 전주지방법원 2018.02.21 2017고단2409
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 became final and conclusive.

Reasons

Punishment of the crime

On August 27, 2017, the Defendant: (a) around 20:30 on August 27, 2017, in the “F shop” operated by the Victim D and the Victim E, the Defendant: (b) held two golf-backeds, a dangerous object, and “C” for the victims.

Along with the golf loans (of about 90cm in length, about 10cm in length), the part of the victim E with the hands of the victim E once, and the part of the victim D with other golf loans (of about 82.5cm in length, about 82.5cm in length, and about 10 days in length, the part of the victim D's right shoulder is kept one time and the victim E needs to be treated for about 10 days, and the victim D has an open part of the above part of the right arms in need of treatment for about 10 days.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

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

1. Each police statement made to E, G, H, and I;

1. A photograph of damaged parts of the crime and a photograph of the instrument of crime;

1. Application of Acts and subordinate statutes of each injury diagnosis letter;

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

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. The crime of special injury in this case on the grounds of sentencing under Article 62(1) of the Criminal Act on the suspension of execution is a case where the defendant carried golf bonds, which are dangerous articles, and inflicted bodily injury on the victims, and thus, it is highly dangerous under the law, and thus, it should be punished strictly.

However, the defendant's mistake is divided while committing the crime of this case, and the degree of injury of the victims is not serious, the victims and the defendant agreed smoothly with the victims, and the defendant is the first offender in favorable circumstances.

In addition, all the sentencing factors specified in the trial process of this case, such as the defendant's age, sex, living environment, and circumstances after the crime, shall be determined as ordered by comprehensive consideration.

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