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(영문) 광주지방법원 2016.12.15 2016고단2065
특수상해
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

On December 22, 2015, the Defendant was sentenced by the Gwangju District Court to a suspended sentence of two years for the ten-month period of imprisonment for bodily injury, and the said judgment became final and conclusive on December 30, 2015, and is currently under suspended sentence.

At around 09:00 on May 17, 2016, the Defendant, along with the Victim F (44 years old) in E-cafeteria located in Young-gun D, Young-gu, Yongnam-gun, and talked about the same day, he / she took a bath to the victim himself / herself, took a dangerous object on the table, and put the boom and house to the victim in line with the upper part of the table, etc., for approximately two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Legal statement of witness F;

1. Examination protocol of suspect of the police accused;

1. Statement of the police officer F;

1. Photographs, written diagnosis of injury, CCTV CDs, and written agreement;

1. The inquiry inquiry report [the defendant asserts that he did not stand as at the time of the instant case, but according to CCTV video CDs in particular, according to the above evidence, it can be recognized that the defendant had a right to use a device against the victim. Accordingly, the defendant's assertion cannot be accepted] application of the law.

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

1. Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation [this case’s case’s case’s case’s case’s case’s case’s case’s case’s case’s case’s case’s case’s case’s case’s case’s case’s case’s case’s case’s case’s case’s case’s case’s case’s case’s case’s case’s case’s case’s case’s case’s case’s case’s case’s case’s case’s case’s case’s case’s case’s case’s case’s case’s case’s case’s case’s case’s case’s case

In addition, the defendant committed the crime of this case during the suspension of execution due to the same crime and the necessity of strict punishment is high.

In addition, the sentencing is conducted.

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