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(영문) 창원지방법원 2018.12.14 2018고단2832
특수상해
Text

A defendant shall be punished by imprisonment for not less than eight 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

On September 14, 2018, at the “C” restaurant located in Busan Shipping Daegu B around 05:0 on September 14, 2018, the Defendant stated that the victimized person’s husband’s written indictment is the birth of the Defendant’s wife’s wife, but it is obvious that it is a clerical error due to mistake. Thus, the Defendant’s written indictment is correct ex officio.

While drinking together with the victim D(35) of the victim D, the victim suffered an injury to the number of days of treatment, such as the victim's shocking of a dangerous object on the container that he/she was in a fluence of the defendant's fluence, and the victim's fluence rate was cut once, and the victim's fluence rate was teared.

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Investigation report (Investigation conducted by shots E, body part of the body of the victim and photographs of the scene);

1. Application of Acts and subordinate statutes to the upper part of the victim's wife and field photographs;

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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The sentencing criteria [Scope of Recommendation] The area in which repeated crimes of special injuries are mitigated (4 months to 1 year) (a person who is in special sentencing] (a person who is in special sentencing) and the area in which repeated crimes are mitigated;

2. In the event that the defendant who was sentenced to the sentence of punishment inflicts bodily injury on the victim by taking the head of the victim as a dangerous element of the defendant's disease is a dangerous crime that may threaten the life of a person, the criminal liability is not minor;

However, the defendant reflects his fault in depth.

It seems to be a crime of a prudent and a contingent crime of a prudente while he/she has been fluently flusing with the victim who is a fluent in the same letter.

The degree of injury suffered by the victim is not much serious.

With the smooth agreement with the victim, the injured party does not want the punishment of the defendant.

A criminal record of violence was only one fine.

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