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(영문) 광주지방법원 목포지원 2017.05.26 2017고단335
특수상해
Text

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

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

The defendant is between the victim C (n, 57 years old) and the victim C (n, 57 years old) and about 10 years old.

On February 4, 2017, the Defendant’s “E” restaurant located in Sinpo City D around 23:30 on February 4, 2017, does not go to the Gu funeral woman or deceased.

“In the event of being asked to hold, there was an injury to the victim, such as cerebral celeba, which is a dangerous object on the table, and thus, caused injury to the victim, by taking once the part of the victim’s cryp for about 14 days, which is a dangerous object on the table.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to each investigation report (the No. 10, 13 of the evidence list);

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 to mitigate small amount;

1. The reasons for sentencing under Article 62(1) of the suspended sentence under the Criminal Act recognize and reflects the instant crime. In addition to the fact that the Defendant and the victim agreed smoothly with the victim, the victim’s degree of injury is relatively minor, the sentence is determined as per Disposition by comprehensively taking into account all the factors of sentencing as indicated in the records and theories of the instant case, including the Defendant’s age, environment, sex, motive and means of the crime, and circumstances after the crime, etc., and the execution of the sentence is suspended.

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