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(영문) 창원지방법원 진주지원 2018.08.10 2018고단535
특수상해
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On February 7, 2017, the Defendant was sentenced to two years of imprisonment with prison labor for the obstruction of the performance of official duties at the Changwon District Court's Jinju branch, and the judgment became final and conclusive on February 15, 2017.

Around 03:00 on May 4, 2017, the Defendant heard the awareness that there was an assault between D and the victim E (23) in the main points located in Jinju-si, Jinju-si, Jin-si, and found it. On the other hand, the Defendant saw the victim’s head as one time, which is a dangerous object, and caused two-day medical treatment for the victim, and suffered injury, such as the two open upper spotss, the height of the victim’s head, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and F;

1. A medical certificate, records of outpatients, and records of medical treatment;

1. Photographs of criminal tools;

1. Previous convictions: Inquiry about criminal history and application of Acts and subordinate statutes of investigation report (verification of criminal history of suspended sentence);

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

1. The grounds for sentencing under Articles 53 and 55(1)3 of the Criminal Act for a crime of special injury, which was scheduled to enter into force on August 15, 2018, are within the scope of the sentencing guidelines for the crime of special injury, which was scheduled to enter into force on August 15, 2018, and the Defendant again committed the instant crime during the grace period after being sentenced to a suspended sentence due to interference with the execution of official duties, etc., the Defendant committed the instant crime during the grace period, agreed with the victim, the Defendant’s age, sex, environment, the background, means and consequence of the instant case, etc., shall be determined as the same as the order, in consideration of all the sentencing conditions set forth in the instant pleadings

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