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(영문) 광주지방법원 해남지원 2018.10.18 2018고단294
특수상해
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On December 9, 2017, the Defendant: (a) held a meeting related to distribution in the Republic of Korea with the victim D (69 years old) while drinking with the victim, etc. on or around December 14:10, 2017; and (b) held a meeting related to distribution in the Republic of Korea with the victim’s vision attached; and (c) “Is the death of the Defendant.”

In the context of “Acker’s disease, which is a dangerous thing in that place, was faced with the victim’s inner wall, and the softener’s disease faced with the victim’s inner wall, and caused the victim to protruding the victim’s breast part, thereby causing injury to the victim, such as brain, which is open for two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or E;

1. A medical certificate;

1. A report on internal investigation (time of dispatch to the scene, etc.);

1. Application of Acts and subordinate statutes on the scene of damage and photographs;

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

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

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act was that the Defendant injured the victim in a very dangerous way to keep the victim’s illness.

The physical or mental suffering of the victim seems to be considerably high.

Defendant has been punished several times due to violent crimes.

On the other hand, however, the defendant recognizes all of his mistake and reflects.

The injury suffered by the victim is not significant.

The Defendant agreed with the victim smoothly.

In addition, the punishment shall be determined as ordered in consideration of all the sentencing grounds shown in the instant trial proceedings, such as the age, circumstances of the crime, and circumstances after the crime.

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