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(영문) 광주지방법원 목포지원 2016.05.24 2015고단1665
특수상해
Text

A defendant shall be punished by imprisonment for one year.

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

The Defendant is the chief of “C” and the victim D(37) is the director of the above company and the victim E(34) is the representative of the above company.

At around 23:00 on October 8, 2015, the Defendant: (a) while drinking alcohol together with the victims, the Defendant’s relatives, etc. at the 1st floor G station located in Sinpo City F, on the ground that the Defendant’s friendly group resisted the victims of anti-ende to the victims; and (b) released an empty beer on the table, which was on the table to the table to the table, and broken the Victim’s disease one time, which is a dangerous object; and (c) the victim E was flowed by the Defendant; (d) the victim E, who was on the side, was at the seat of the table to the victim; and (d) the victim E was at the seat of the Defendant, who was at the seat of the table, was at the seat of the dangerous object; and (e) the victim’s chroke, who was at the seat of the victim, was at least 20 meters of the victim’s chro, which requires treatment of the victim’s e.

Summary of Evidence

1. The defendant's legal statement (as at the date of the second public trial, in the case);

1. Statement of the E police statement;

1. Each statement of D and H;

1. Application of Acts and subordinate statutes, such as a studio photo, etc., a diagnosis certificate, and a photo and an injury diagnosis certificate of each upper part of the studio-be disease;

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

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The crime of this case on the grounds of sentencing under Article 62-2 of the Social Service Order Criminal Act is a very poor crime that the defendant injured the victims by destroying beer disease, which is a dangerous object, and then cutting down the victim's beer, and thus, it is inevitable to severely punish the defendants.

However, the defendant recognized the facts charged in this case and reflected, and the first offender, the defendant agreed with the victims, and the amount of money equivalent to the agreement.

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