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(영문) 광주지방법원 해남지원 2016.12.08 2016고단425
특수상해
Text

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

except that 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

On August 8, 2016, the Defendant: (a) around 07:00, at the dry field located in Donnam-gun C, and (b) around 07:00, the Defendant inflicted injury on the victim, such as an open address of buckbucks that require approximately two weeks of treatment on the left side of the victim due to improvement, which is a dangerous object that has been in dispute with the boundary of dry field and D (72 years of age).

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A medical certificate;

1. Application of damaged photographs and on-site photographs statutes;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The crime of this case on the grounds of sentencing under Article 62(1) of the Criminal Act is not appropriate in that the crime of this case is highly dangerous because it is highly dangerous for the victim to bring down the victim's bucks.

Although the defendant should be punished strictly, the circumstances favorable to the defendant should be taken into account, such as the fact that the defendant reflects his mistake, that the defendant agreed with the victim, that the defendant is old and healthy, that there is no record of punishment exceeding the fine, etc., and other factors of punishment revealed in the course of the trial of this case, including the defendant's age, character and behavior, environment, motive and circumstance of the crime, and circumstances after the crime, etc., shall be determined as ordered.

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