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(영문) 창원지방법원 통영지원 2018.02.06 2017고단1697
특수상해
Text

A defendant shall be punished by imprisonment with prison labor for up to six 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 October 6, 2017, the Defendant and the victim C (26 tax) are siblingsed with each other. On October 23:50, 2017, the Defendant met and returned home within the Defendant’s mother-friendly residence of the Defendant 401 at Gyeongnam-si, Gyeongnam-si, and called “Imman’s accident. Imman, here, Imman’s hack,” but the victim stated “Imman, hacker, hacker, hacker’s face” and macked the victim’s face by drinking, and then, the victim’s ice flaf, which is a dangerous object that was set on the floor of the ward, came into flaf on the left side of the victim and others on one occasion, including the victim.

As a result, the Defendant carried dangerous things and inflicted injury on the victim, such as “a open wound in body,” which requires approximately two weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. The scene of the case, part of the damage, and photograph of the criminal tools;

1. A written diagnosis of injury;

1. Protocols of seizure, list of seizure and evidence of seizure;

1. Application of Acts and subordinate statutes to a report on investigation results and investigation results;

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

1. The reason for sentencing under Article 62-2 of the Criminal Act is very dangerous, and the victim’s injury is not small.

However, considering that there is no record of the same crime exceeding a fine for the defendant, there is a smooth agreement with the victim, and the defendant and the victim are in the family relationship, the wife of the suspension of execution shall be taken into account, and since there is a criminal record again committed by the defendant, the observation of protection and the degree of injury is not small, community service work is also ordered.

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