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(영문) 광주지방법원 순천지원 2017.10.18 2017고단1166
특수상해
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

On May 5, 2017, the Defendant 20:35 around 00:35, 2017, she saw the victim D (C)’s back-of-school line (“E EM-to-beer”) as “the victim,” after-school line F, G, and C, and went back to the victim on the ground that the victim was able to take a bridge before the Defendant, and she was in dispute with the victim, and she she sawd 2 knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife.

피고인은 계속하여 오른팔로 피해자의 목을 눌렀고, 피해자의 코를 물었으며, 발로 피해자를 찼고, 정육 식칼을 들고 있던 주먹으로 피해자의 얼굴을 때렸으며, 들고 있던 정육 식칼의 옆면으로 피해자의 정수리 부위를 때려 피해자에게 약 2 주간의 치료가 필요한 얼굴 부위 타박상 등을 가하였다.

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F or D;

1. A report on internal investigation (a photographic photograph of victim's body and photograph of victim's instrument picture);

1. A protocol of seizure and a list of seizure;

1. A medical certificate;

1. Application of each statute on 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 main sentence of Article 62 (1) of the Criminal Act;

1. The sentencing conditions under the grounds for sentencing under Article 62-2(1) of the Social Service Order Criminal Act, Article 59(1) main sentence of the Act on the Protection, Observation, etc. of Protection, etc. shall be determined by taking into account the following circumstances and the defendant’s age, family environment, motive and background of the crime, degree of damage, relationship with the victim, circumstances after the crime, etc.

Unfavorable circumstances: The defendant is the first offender, and the defendant is admitted to commit the crime of this case in consideration of the tool of crime, the degree of damage, the frequency of assault, etc.

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