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(영문) 창원지방법원 진주지원 2018.10.05 2018고단1083
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

The defendant is the spouse of the victim C(46).

On August 2, 2018, the Defendant: (a) at the main point of “E” located in Jinju-si around 23:10, Jin-si, on the ground that the victim did drinking alcohol without his own permission; (b) found the victim as the above main point where he did drinking alcohol together with his workplace rent; and (c) tried to see the head part of the victim by gathering beer disease, which is a dangerous object on the table, on the table; (d) tried to see the victim’s head part at one time by gathering beer; (e) by gathering beer disease, which is a dangerous object on the same table, the victim’s head part was cut at one time, and (e) took the face part of the victim’s head at one time; and (e) took the victim’s face back; and (e) took part out the victim’s face at one time; and (e) took part of the victim’s head back the same table.

As a result, the defendant carried dangerous things with the victim's number of days of treatment, which is not known to the victim's number of days of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Deficial photo of an injury;

1. Application of statutes on 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 of damage (see, e.g., Supreme Court Decision 53 and 55(1)3);

1. Article 62 (1) of the Criminal Act on the stay of execution (see, e.g., the fact that there is no previous conviction or injury of the same kind);

1. It is so decided as per Disposition on the grounds of Article 62-2 or more of the Criminal Act of the community service order;

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