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(영문) 창원지방법원 거창지원 2017.03.29 2016고단494
특수상해
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

At around 00:40 on October 13, 2016, the Defendant: (a) at C cafeteria located in Chungcheongnam-gun, Chungcheongnam-gun; (b) at a long time with the victim D (34 years of age) who was living in the Dong-gun, a middle school that had been living in the middle school; (c) caused a dispute with one another; (d) on the part of the victim, the Defendant collected an empty beer, which is a dangerous thing for the reason that the victim was living in the middle school; and (e) caused the victim to the extent that the number of days of treatment could not be known, by putting the head part of the victim’s head part on the hand.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of D;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to arrest and report on the occurrence of a case, and report on investigation (to hear statements from the counter of a restaurant business operator);

1. Relevant Article 258-2 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

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 Suspension of Execution (The details and contents of the instant crime, the full agreement with the victim is reached, the defendant's history, age, sexual conduct, environment, etc.)

1. The community service order under Article 62-2 of the Criminal Act;

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