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(영문) 창원지방법원 밀양지원 2018.04.26 2018고단78
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

On November 5, 2017, the Defendant: (a) performed drinking together with D Apartment 103 Dong 1201 and E (48 tax) a victim E (the victim E (the victim E) who was aware of his/her residence, a residence of the Defendant in Syang-si C around 19:20 on November 5, 2017; (b) performed the back of the victim’s head without any special reason; (c) taken the victim’s face and head from the victim’s face with his/her safety mother in his/her place.

As a result, the Defendant carried with the safety mother of a dangerous product, and inflicted injury on the victim, such as “brain sugar with an open two wife,” which requires approximately three weeks of medical treatment.

Summary of Evidence

1. Statement made by the prosecution against E;

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

1. A written diagnosis of injury;

1. Each photograph (Evidence Nos. 8 through 10) [Defendant’s defense counsel] (Evidence No. 8 to 10) asserts to the effect that the defendant was unable to punish him/her or his/her sentence should be mitigated because he/she was mentally or physically deprived or mentally weak at the time of committing the crime. As such, in full view of the contents and circumstances of the crime as indicated by the record, the means and consequence of the crime, the circumstances after the crime, etc., the defendant had no or weak ability to discern things

As such, the above assertion is rejected.

Application of Statutes

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. On the grounds of the suspended sentence under Article 62(1) of the Criminal Act, the sentencing conditions indicated in the records, such as the following circumstances and the Defendant’s age, environment, motive, means and consequence of the crime, etc., shall be determined as set forth in the text.

Unfavorable circumstances: The nature of the crime committed by carrying dangerous articles and causing injury to the victim is not weak, and the circumstances favorable to the fact that the victim was unable to receive a letter from the victim: The fact that there is no record of previous punishment.

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