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(영문) 창원지방법원 진주지원 2017.11.29 2017고단868
특수상해
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

On August 26, 2017, at around 05:05, the Defendant: (a) on the street in front of “C” located in Jinju-si, Jin-si, Jin-si; (b) on the street from the victim D (16) who was under the influence of alcohol; and (c) immediately after that, immediately after that, on the street, the Defendant returned from the victim who was under the influence of alcohol to the victim who was at the same time, the fright and the fright of the drinking and the fright, which were dangerous articles located in the Defendant’s frightle (15cc in total, 10cc in length, knife). The Defendant displayed the victim’s timber, arms, and fuckbucks on several occasions, which were the dangerous articles located in the Defendant’s fright (15cc in length, knife).

As a result, the Defendant inflicted bodily injury on the victim, such as the bodily injury of the parts of the arms and other fingers, damage of the power lines, and creative injury, which require approximately 6 weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and F;

1. On-site photographs and body photographs of an injury;

1. Police seizure records;

1. Photographs of criminal tools;

1. A photograph of a CCTV image to be cut;

1. Application of Acts and subordinate statutes of a medical certificate;

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

1. Article 21 (2) of the Criminal Act to mitigate excessive defense;

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

1. The crime of this case on the grounds of the protection and observation and the sentencing of Article 62-2 of the Criminal Code of the community service order is that the defendant committed a series of industrial knife with a knife, etc., and the method of committing the crime is very dangerous, and the case is serious.

First of all, the victim assaulted the defendant who is going through the way without any reason, and then re-Assaults again, which led to the crime of this case, and there is a reason to consider the motive of the crime of this case.

In addition to punishment for minor special intimidation in 2016, it shall be taken into account that there was no previous violence and that there was an agreement with the victim.

In addition, the punishment as ordered shall be determined in consideration of all the sentencing conditions specified in the pleadings of the instant case, such as the age, sex, environment, background, means and result of the instant case, and the circumstances after the crime.

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