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(영문) 광주지방법원 해남지원 2016.03.31 2016고단29
특수상해
Text

A defendant shall be punished by imprisonment for one year.

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 December 27, 2015, the Defendant: (a) around 22:50, around 22:50, while drinking alcohol together with three persons, such as D, at the inside of the house of the victim C in the second floor, the Defendant: (b) laid the part of the victim’s math on the ground that the victim was suffering from a fluor’s disease, which is a dangerous object by breaking the brush and fluoring the fluor’s desire to do so; and (c) laid the part of the victim’s fluor, which requires treatment for about 14 days to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A written diagnosis of injury;

1. On-site photographs;

1. Application of Acts and subordinate statutes on investigation reporting;

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

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

1. The reasons for sentencing under Article 62-2 of the Criminal Act and Article 62-2 of the Social Service Order are the small-scale illness, which is a dangerous object, causing bodily injury to the victim in light of the victim’s head, and the nature of the crime is not very good.

Considering the above circumstances and the fact that the defendant did not receive a letter from the injured party, it is necessary to strictly punish the defendant. However, the punishment as ordered shall be determined by taking into account all the sentencing factors revealed in the trial process of this case, such as the defendant's age, environment, criminal records, and circumstances after the crime.

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