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(영문) 창원지방법원 통영지원 2016.07.20 2016고단532
특수상해
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

Criminal facts

On March 30, 2016, at around 01:35, the Defendant followed the victim on the ground that the victim D (51 tax) who was found to be the place of drinking at “C” in the main point of “C” located in Sanam City B, had been interested in the Defendant’s female partnership, and went through the Defendant’s working and drinking.

Since then, the Defendant broken the drinking water disease that was placed in front of the above restaurant on the front of the restaurant, and putting the shouldered drinking water disease, which is a dangerous thing for the victim, over several times to the face of the victim, boomed the victim's coke, boomed the victim's escape, and inflicted an injury on the "non-pelke and closed" that requires three weeks of medical treatment, which is a dangerous thing, to the victim who escaped beyond the escape.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or F;

1. A written diagnosis of injury;

1. A written agreement;

1. Application of statutes on field photographs;

1. The punishment is to be imposed by imprisonment for the following reasons: (a) the pertinent law as to the facts constituting an offense, Articles 258-2(1) and 257(1) of the Criminal Act as to the choice of punishment; and (b) only the penal provisions

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act, including observation of protection, community service, and order to attend lectures - Reasons for sentencing under favorable circumstances: Matters agreed with the victim, and reflects his/her mistake;

(k) Unfavorable circumstances: The high risk of using dangerous articles is likely to be accompanied by motive or circumstance, the degree of the use of violence and the degree of injury of the victim is relatively much serious, and there are several records of fines and of the suspension of execution of imprisonment with prison labor for the same crime;

- When considering the conditions of sentencing under Article 51 of the Criminal Act, such as the Defendant’s age, sex, environment, and circumstances after the commission of the crime, the sentence of the Defendant is seriously considered, but the Defendant shall be given more opportunities to take into account the above favorable circumstances, and the Defendant shall be given more opportunities to take into account, and risk, reflect and reflect.

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