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(영문) 창원지방법원 통영지원 2016.05.04 2016고단141
특수상해
Text

1. Defendant A shall be punished by imprisonment for a period of eight months.

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

Reasons

Criminal facts

[criminal history] On November 21, 2015, Defendant A was sentenced to the suspension of the execution of six months for the crime of violation of the Chemicals Control Act (snorting hallucinogenic substances) in the Manpo District Court of Gwangju on November 21, 2015, and the judgment became final and conclusive on November 21, 2015.

[Criminal facts]

1. Defendant A, on July 28, 2014, 18:30 on July 28, 2014, 2014, she saw the victim B (28 taxes) in front of the E cafeteria in D, which was located in C, to prevent the said disaster. Defendant her her son her son by putting her bridge, which is a dangerous object in the bed and near the bed and pushed down with her boom.

As a result, the Defendant carried dangerous things and inflicted injury on the victim, such as the left-hand skin, salt, etc. in need of treatment for about three weeks.

2. Defendant B inflicted injury on the victim, at the time, at the time and place of the preceding paragraph, on the part of the victim A (45 tax), such as cutting fat, cutting down fat, cutting down fats of the victim with fat and cutting down fats, making it possible for the victim to receive approximately four weeks of medical treatment.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each report on internal investigation:

1. Each injury diagnosis letter;

1. Each photograph;

1. Previous convictions in judgment: References to criminal history, application of Acts and subordinate statutes to inquiries and investigation reports;

1. Defendant A who has the relevant law on criminal facts and the choice of punishment: Articles 258-2(1) and 257(1) of the Criminal Act (limited to imprisonment, with prison labor, as only the provision of punishment is applicable): Article 257(1) of the Criminal Act (the choice of imprisonment with prison labor);

1. Defendant A who handles concurrent crimes: Article 37 of the Criminal Act: Provided, That Article 39 (1) (which is between the first head of a judgment that became final and conclusive and the special injury of this case);

1. Defendant A who is to be mitigated: Articles 53 and 55 (1) 3 of the Criminal Act;

1. Article 62 (1) of the Criminal Act for the suspension of execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of each community service order;

1. The scope of the recommended punishment (the scope of the recommended punishment) according to the Supreme Court sentencing guidelines (the scope of the recommended punishment) and the general injury area of the first type (the general injury) (two months to one year) [the special mitigated person] Defendant A who is not subject to punishment.

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