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(영문) 창원지방법원 2018.11.09 2018고단2144
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

around 03:00 on August 12, 2018, the Defendant, within the main point of “D” located in the Southern-gu Busan metropolitan level C2, was a starting point for settling the living expenses when living with the previous victim E (26 tax) while drinking together with the victim E (26) who was a company partner, was in a dispute. The Defendant, while drinking together with the previous victim, had the head of the victim one time, and caused injury to the victim, such as the inside and outside of the body, which requires approximately two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A medical certificate;

1. Application of field photographs, victim photographs, and 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. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The basic area (six months to two years) of the sentencing criteria [the scope of recommended punishment] and the basic area (one month of imprisonment or two years) of the repeated crime committed;

2. In the event that the defendant who was sentenced to the sentence was injured by the head of the victim's disease, which is a dangerous thing, the defendant's punishment is a dangerous crime that may threaten the life of a person, and thus the defendant's liability is not easy.

No injury has been completely recovered even if he or she was.

However, the defendant reflects his fault in depth.

It seems to be a crime that has not yet been fully mature due to one's personality and emotional distress with the victim, while the victim and the victim have a emotional dispute, which seems to have lost self-defense and has committed a contingent crime.

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

There has been no past history of criminal punishment.

In addition, the sentencing conditions, such as the age, sex, environment, circumstances, and circumstances after the crime, shall be comprehensively considered, and the punishment shall be determined as per the order.

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