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(영문) 광주지방법원 순천지원 2016.07.06 2016고단447
특수상해
Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On January 1, 2016, at around 21:45, the Defendant reported that the Defendant’s wife D was in the same manner as the Victim E (52) at the point of “C” located at the summer 21:45 on January 1, 2016, and putting the beer’s disease on his hand, carrying the beer’s disease on his hand, bringing the stringer’s disease to the degree of the damaged party, and then, the Defendant flicked the victim’s left side with the shoulderer’s defect that the damaged party intends to come out of the main point, and led to a flicker’s flick.

Accordingly, the defendant carried dangerous articles with the victim, and inflicted an injury on the victim, such as an open eye for about four weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspects of E;

1. Statement made by the police against D;

1. Medical certificates and damaged photographs;

1. Application of Acts and subordinate statutes to report internal death (on-site photographs of the case);

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 fact that the form of crime for sentencing is not good under Article 62(1) of the Criminal Act, and the victim’s injury is relatively heavy is disadvantageous.

Provided, That the punishment shall be determined as ordered in consideration of the favorable circumstances such as the defendant's confession, reflectiveness, victim, and the fact that he/she does not want the punishment of the defendant under the mutual consent with the victim, the fact that there is no record of punishment heavier than the suspended sentence for the previous ten years, and other factors of sentencing as shown in the records, such as the age, sexual behavior, and circumstances

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