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(영문) 광주지방법원 2017.02.09 2016고단5148
특수상해
Text

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

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 2, 2016, at around 21:20 on September 2, 2016, the Defendant laid down a part of the victim E, the president of the above facility (the age of 61), who is the head of the above facility (the age of 61). The Defendant was placed in transition (the blade length of 13cm) which is a dangerous object that was located in the hospital to treat for the purpose of proof of alcohol and to enter into the Defendant’s protection facility (the age of 61).

As a result, the defendant carried dangerous things with the victim, thereby damaging the integrity of the arms under the right side, which requires treatment for about two weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and F;

1. Police seizure records and list of seizure;

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes to the field and the upper part of the photo;

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. An order to attend a course under Article 62-2 of the Criminal Act;

1. The reasons for sentencing under Article 48(1) of the Confiscation Criminal Act are as follows: (a) the Defendant did not have any previous conviction since 2005; (b) the Defendant agreed to do so with the victim; and (c) the Defendant is treating with symptoms of alcohol existing; and (d) the Defendant’s age, sexual conduct, environment, motive and circumstance of the crime; and (e) all other circumstances constituting the conditions for sentencing as shown in the argument of the instant case, including the circumstances after the crime.

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