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(영문) 창원지방법원 밀양지원 2018.03.08 2017고단465
특수상해등
Text

A defendant shall be punished by imprisonment for one year.

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

1. A special injury Defendant: (a) assaulted D D D D D Rabaf in C on June 11, 2017; (b) Mabaf in D Rabaf in C at C at C at C at C at C at C at C at C at C at C at C at C

In order to see F’s control, the victim G(54 years old) suffered injury, such as impairment of the head part in need of medical treatment for about 14 days, by putting together stand micro(1.5m in length), which is a dangerous object established in the above carpeta, into a large degree, and putting about 14 days off the part of the victim G(54 years old), which was located there.

2. A special assault Defendant committed assault on one occasion at the time, place, and continuously dangerous objects, at the victim H(42)’s head located therein.

3. The Defendant damaged the victim’s property at the time, at the place, and at the time, at the location of the foregoing paragraph 1, by fighting with the victim with the victim who had been in a large string micros, which are dangerous objects, due to the damage of the victim’s I, the victim’s 2,50,000 won at the market price equivalent to KRW 2,50,000,000,000 at the market price.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to E, G, H, I, and F;

1. On-site photographs;

1. A written diagnosis of injury;

1. Application of the receipt statute

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense, Articles 258-2(1), 257(1) (a) of the Criminal Act, Articles 261 and 260(1) (a) of the Criminal Act, Articles 369(1) and 366 of the Criminal Act (a point of special assault, choice of punishment by imprisonment) of the same Act, and Articles 369(1) and 366 of the Criminal Act;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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. Scope of the recommended sentences according to the sentencing criteria;

(a) Class 1 (Assaults) (Scope of recommending punishment) crimes. Class 6 (Habitual, Cumulative, and Special Violence) shall apply to such crimes;

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