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(영문) 창원지방법원 2018.02.09 2017고단3839
특수상해
Text

A defendant shall be punished by imprisonment for six 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

[Criminal record] On December 6, 2016, the Defendant was sentenced to a suspended sentence of two years on September 20, 2017 by imprisonment with prison labor for an attempted crime, etc. at the Changwon District Court Support, and the said judgment became final and conclusive on September 20, 2017.

[2] The Defendant, at around 01:00 on June 17, 2017, took a dispute with the victim D (44 years of age) and money problems at the Defendant’s residence located in the window C2, 202 of Changwon-si, Changwon-si around 01:0, while the Defendant took part in a dispute with the victim D (44 years of age) and 202, she was suffering from the defective victim’s clothes intending to come to his house, and “she shall be discarded from the ice gue soften.

“Along with the desire of the victim, the two-day plenary games, which were the dangerous goods that were in a ward singcke, were put to the victim, and the studs followed the victim’s math, and the studs led the victim to the glass cup, which is the dangerous goods, and the boomed the victim, and led the victim to the cryp, and the cryp, which requires treatment for about 14 days on the part of the victim’s name and right side.

Summary of Evidence

1. Legal statement of the witness D;

1. Statement made by the police with regard to D;

1. A written diagnosis of injury;

1. Photographs of damaged parts, etc.;

1. Previous convictions: Inquiry of criminal history, reporting of the previous convictions of the disposition and reporting of the results thereof, and applying the statutes of the judgment;

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

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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

1. Determination as to the assertion by the Defendant and the defense counsel under Article 62(1) of the Criminal Act

1. The gist of the assertion was that the Defendant did not run the fraudulent cups at the time, and even if so, the Defendant did not run the fraudulent cups.

Even if there is no intention of injury because the injured person was not driving the injured person, and therefore the injured person is not injured. However, there is no intention of injury because the glass cups had been on the floor, but there is no intention of injury as well as there is no intention of injury because it was not toward the injured person.

2. In light of the following circumstances acknowledged by the evidence presented prior to the determination, the Defendant is as stated in its reasoning.

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