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(영문) 창원지방법원마산지원 2020.11.27 2020고단952
특수상해
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 25, 2020, the Defendant: (a) around 21:54, around 21:54, at entertainment tavern C (manam and 43 years old) with respect to the payment of the drinking value while drinking alcohol with the victim, and (b) took a bath for the victim; (c) Mader’s head, which was a dangerous object on the table, was discharged once from the part of the victim’s head, and was inflicted an injury on the victim for about 21 days, such as an open room for 21 days.

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

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of C, D, and E;

1. Application of Acts and subordinate statutes to victim photographs, on-site photographs, death diagnosis reports, and opinion opinions;

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 for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Opinions of the prosecutor on the grounds of sentencing under Article 62-2 of the Criminal Act: Imprisonment with prison labor for one year: The nature of crimes is not good, such as unloading the head of the victim due to the suspension of two years of suspended sentence for 8 months;

The victim was unable to receive the victim's statement.

Although the documents of the title of the written agreement have been received, the victim clearly expressed that he/she wishes to punish the defendant.

There have been several records of punishment due to violence.

However, the defendant stated that he is aware of and against the facts of crime.

The victim's medical expenses seems to have been borne.

Most of the penalties have long been imposed.

In addition, the sentencing conditions, such as the age, character and conduct, environment, circumstances, circumstances after the crime, etc., shall be determined as per the order.

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