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(영문) 창원지방법원 밀양지원 2018.09.20 2018고단280
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 May 19, 2018, the Defendant calculated the drinking value from the injured party’s seat at D main points in the management of the injured party C (Y, 58 years old) located in Si/Gun (Y, 00:40 on May 19, 2018, and was demanded to pay for beer ordered by the Defendant.

The defendant is at the same time and place as the victim "whether the drinking value is changed or not."

“Along with the victim’s left eyebrow, she laid the beer’s disease on his/her table, and she faced with the victim’s left eyebrow.

As a result, the Defendant carried with beer disease, which is a dangerous thing, and inflicted injury on the victim, such as “a open room in the area surrounding snow grass and snow,” which requires approximately two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes of a medical certificate;

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. On the grounds of sentencing under Article 62-2 of the Social Service Order Criminal Act, the sentencing conditions indicated in the records, such as the following circumstances and Defendant’s age, environment, motive, means and consequence of the crime, etc., shall be determined as ordered in consideration of the sentencing conditions indicated in the records.

An unfavorable circumstance: A favorable circumstance that has been punished for the same kind of crime: The victim does not want the punishment of the defendant.

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