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(영문) 창원지방법원 2018.07.20 2018고단1236
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 becomes final and conclusive.

Reasons

Punishment of the crime

On May 3, 2018, the Defendant: (a) around 22:00, at around 22:00, the Defendant inflicted an injury on the victim’s face, i.e., this part of the instant body, which requires approximately two weeks of treatment on the part of the victim, by drinking with the victim D (46 years of age) while singing together with the beer and playing together with the beer; and (b) on the ground that the victim s/he s/ s/he s/ s/ s/ s/ s/ s/ s/ s/ s/ s/ s/ s/ s/ s/ s/ s/ s/ s/ s/

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of D;

1. A medical certificate;

1. Application of Acts and subordinate statutes to photographs of the upper part of the body;

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 reason for sentencing under Article 62(1) of the Act on the Suspension of Execution is that the Defendant, at the main point of view, inflicted an injury on the victim’s face by beer disease twice during drinking together with the victim, etc. is a dangerous crime that may pose a threat to the human life. As such, the criminal liability is not weak.

The degree of injury suffered by the victim is also minor.

shall not be deemed to exist.

However, the defendant shows an attitude to reflect in depth the mistake.

The defendant seems to have been assaulted by the victim at the time of the occurrence of a brutous and contingent crime in order to hear the desire from the victim, and at the time the defendant seems to have suffered violence from the victim.

By paying 3 million won to the injured party, the injured party does not want the punishment of the accused.

In recent 10 years, there is no same criminal record, and there is no criminal record of probation, and it can be considered as a favorable situation.

In addition, the sentencing conditions, such as the age, sex, environment, circumstances, and circumstances after the crime, shall be comprehensively considered, and the punishment shall be determined as per the order.

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