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(영문) 창원지방법원 통영지원 2018.04.05 2017고단1793
특수상해
Text

A defendant shall be punished by imprisonment for not more than ten 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

On August 31, 2017, at around 21:30 on August 21, 2017, the Defendant was paid a fine due to the victim’s non-licenseed driving in front of the residence of the victim C, G, Sung-gun, Sung-gun, G, after being aware of the victim’s non-licenseed driving. The Defendant saw the victim “a large amount of damages caused by the ringer, sludge, ringer, and in the increase of the ringer,” with the hacker, which is a dangerous object, as the hacker (m in length 34 cm) in his hand, and threatened the victim with the hacker and the hacker who tried to hack the hacker, and caused the victim’s injury to the hacks and the hacks that require the treatment for about two weeks.

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 C in the police interrogation protocol concerning the defendant or C;

1. Statement made by the police with regard to C;

1. A protocol of seizure and a list of seizure;

1. Application of Acts and subordinate statutes to each investigation report (the attachment of hump photographs, the attachment of a medical certificate, and photographs, such as damaged parts);

1. Articles 258-2 (1) and 257 (1) of the Criminal Act (a point of special injury) 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. Protective observation and community service order under Article 62-2 of the Criminal Act;

1. Under Article 48(1)1 of the Confiscation Criminal Act, the accused, having the same criminal records as the sentencing reason, inflicted an injury on the victim who was well aware of the victim by carrying dangerous objects, and the victim was punished by the victim due to his/her failure to reach an agreement with the victim.

However, since the defendant's mistake and misjudgments the defendant, and the victim's injury is relatively minor, the defendant's age, environment, sex, motive and circumstance of the crime, means and result of the crime, etc., as well as various conditions of sentencing as shown in the arguments, such as the circumstances after the crime, shall be comprehensively considered in these circumstances, and the punishment is determined as ordered.

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