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(영문) 창원지방법원 2017.12.01 2017고단3555
특수상해
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence 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 14, 2017, at around 08:15, the Defendant discovered that the Defendant continued to perform construction works on the street in front of the “D cafeteria” operated by the Defendant’s denial of the Defendant in Kimhae-si, without resolving flood damage caused by the construction works before this frame, and that the Defendant was trying to take measures to cut off the surface of the piracy, which is a dangerous object ( approximately 1m a meter in total length and approximately 15m am a length of head part). On September 14, 2017, the Defendant prevented the victim from doing so, and caused the victim’s injury, such as the water pipe, around the left hand part of the victim, which requires three weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Investigation report (to listen to the statement in the F phone of a shote);

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes to criminal tools and field photographs;

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. The reason for the sentencing of Article 62(1) of the Criminal Act Article 62(1) of the Act on the Suspension of Execution is that the Defendant’s act of inflicting bodily injury on the victim, which is a dangerous object, is not that of a crime that may threaten the life of a person.

However, the defendant reflects his fault in depth.

It appears that it was a crime that has been committed without participating in a state of vision while demanding the suspension of construction due to flood damage, and there is no reason to consider the situation.

The degree of injury suffered by the victim is not much serious.

The injured party does not want to be punished by the defendant by compensating the injured party for the damages and making a smooth agreement.

Until now, the fact that there has been no previous convictions can be considered as favorable circumstances.

In addition, the sentencing conditions, such as the age, sex, environment, circumstances, and circumstances after the crime, shall be comprehensively considered, and the punishment shall be determined as per the order.

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