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(영문) 광주지방법원 2017.05.25 2017고단1174
특수상해
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On March 18, 2017, around 00:10 on March 18, 2017, the Defendant landed from a victim D (56 cm) in front of C hotel located in Gwangju Mine-gu, and brought the victim's face at a time with a view to spreading back back back the cab, resulting in the victim's vision, making the cab back, making the victim's face one time at a drinking, and putting the victim's head at one time, which is a dangerous object on the road.

As a result, the Defendant committed an injury to the victim by causing about three weeks of treatment with dangerous things, such as the impairment of the reputation of face and the open wound of the two sides.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Photographss of victims and concrete sculptures;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. The criminal defendant's act of taking advantage of the reasons for sentencing under Article 62 (1) of the Criminal Act, as well as the face of the victim, who is a taxi engineer, without any particular reason, was committed by the defendant, who prices the head of the victim with concrete sculptures, is likely to cause a serious result, and the responsibility for the crime is heavy.

However, in depth, the punishment as ordered shall be determined by taking into account the following circumstances: (a) the error is remarkably divided; (b) the victim does not want punishment by mutual consent; (c) the same criminal record or fine is not heavier than that of the defendant; and (d) the defendant's age, sex, sex, environment, family relationship, motive and consequence of the crime, circumstances after the crime, etc. and the sentencing conditions specified in the arguments of this case are considered.

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