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(영문) 창원지방법원 거창지원 2017.08.23 2017고단183
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 30, 2017, at around 22:00, the Defendant: (a) 102 heading rooms of “C” located in Gohapcheon-gun B; and (b) on the ground that the victim D (55 years old) who performed drinking together met with the Defendant’s sexual father, the Defendant collected an empty beer who was a dangerous object on the table; and (c) was frighted with the victim E (63 years old); (d) continued to fright the victim E (the f3 years old), which was a dangerous object for returning alcohol to the victim E (the f3 years old), followed the victim E.

As a result, the defendant suffered injury to the victim D, such as the impairment of sama, which requires approximately two weeks of treatment, and injury to the victim E, such as the impairment of sama to the extent that the number of days of treatment cannot be known, respectively.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Each police statement made to E and F;

1. Application of Acts and subordinate statutes to report internal investigation (fields, attachment of photographs of damage to victims, failure to prepare the victim D victim's protocol and agreement protocol, investigation into injury of victim E, and attachment of a medical certificate of injury);

1. Relevant provisions of the Criminal Act and Articles 258-2 (1) and 257 (1) of the Criminal Act, and the choice of imprisonment for the crime;

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. Article 53 and Article 55(1)3 of the Criminal Act for Reduction of Reduction of Amounts (i.e., taking into account circumstances favorable to the defendant, such as the fact that the defendant recognizes his/her own crime, some of the circumstances surrounding the crime, and the victims do not want the punishment of the defendant);

1. Article 62(1) of the Criminal Act on the suspension of execution (the aforementioned favorable circumstances);

1. Orders to observe protection and attend lectures under Article 62-2 of the Criminal Act;

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