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(영문) 광주지방법원 2017.03.10 2017고단345
특수상해
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten 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 December 29, 2016, at around 21:00, the Defendant took the c'C' at the main point of "C" located in Gwangju Mine-gu B, and the victim E (53 years old) was cleeped, and 500CC beer, which is a dangerous thing, had the victim's right-hand eye and open room around 14 days for the victim to receive treatment.

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the protocol concerning the interrogation of the accused by the prosecution;

1. Statement in the police interrogation protocol concerning E;

1. Descriptions of a medical certificate or an injury medical certificate;

1. Application of video-related Acts and subordinate statutes to field and damaged photographs;

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

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. The reason for sentencing under Article 62-2 of the Criminal Code of the Social Service Order was that the defendant injured the defendant as a very dangerous object.

The defendant has three criminal records of violence.

However, both violent criminal records have been committed before 1994, and the degree of injury has not been severe, and the defendant has agreed with the victim.

In addition, the sentencing conditions shown in the records, such as the defendant's age, occupation, family relationship, and circumstances before and after the crime, shall be determined as ordered.

It is so decided as per Disposition for the above reasons.

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