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(영문) 광주지방법원 2017.05.24 2017고단652
특수상해
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On January 18, 2017, the Defendant: (a) around 16:19, in the C tea notice in Gwangju Mine-gu, the victim D parked in the bus vehicle notice, and (b) caused the victim’s left arm’s length, one time, with approximately 1.3m in length, and approximately 10cm in diameter) a dangerous object, which was a vehicle that the victim D parked in the bus vehicle notice. In the event of the victim’s left arm’s length, the Defendant carried out a shoulder and francing of the shoulder that require approximately 2 weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol or statement concerning suspect examination of the police against D;

1. Application of medical certificates and respective Acts and subordinate statutes to 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 (the following sentencing shall be considered in consideration of the favorable circumstances in which the sentencing is significant);

1. Although the reason for sentencing under Article 62(1) of the Criminal Act (the following sentencing has been repeated in favorable circumstances) of the Act on the Suspension of Execution is not good, it is not clear that the defendant inflicted an injury on the victim under each item, which is a dangerous article by the defendant. However, the defendant did not have the same criminal record in addition to the fine imposed in 1989 for violent crime, and the degree of injury is not significant, and it was agreed with the victim.

In addition, the sentencing conditions stated in the records of this case, such as the defendant's age, sex, family relationship, family environment, motive and means of the crime, and circumstances after the crime, shall be equally considered and sentenced to the same sentence as the order.

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