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(영문) 창원지방법원 통영지원 2017.01.12 2016고단1667
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 October 5, 2016, the Defendant: (a) talked about a lawsuit seeking the return of the premium filed by the victim D (40 tax) in the “E” restaurant operated by the victim D (40) in C at a macroscam on October 13:30, 2016; (b) on the ground that the damaged party’s face was “satis,” and “satis,” the victim’s head part was sent back to the victim’s head part on the ground that the damaged party’s face was “satis,” and the victim’s head part was satisfyed by the victim’s head part on the part of the victim’s back to the above restaurant; and (c) the victim went back to the victim’s head part on the part of the victim’s disease.

As a result, the defendant carried dangerous things with the victim and inflicted an injury upon the victim, such as an open two weeks of treatment, which requires two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of D;

1. The scene of the case and photographs of parts of the body damaged by the case;

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes to photographs on parts of the body damage;

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Social Service Order Act is that the number of crimes or the nature of crimes in this case is not good. On December 19, 2016, the Busan High Court (Chowon), 2016Na24614, which agreed with the injured party, and the injured party does not want to be punished against the accused. (Presentation of the self-resolution protocol on December 19, 2016) The accused reflects his/her mistake and repents against himself/herself, and the accused’s age, sex, background, means and result of the crime, the circumstances after the crime, etc. are considered, and the sentencing conditions prescribed in Article 51 of the Criminal Act, such as the circumstances after the crime, are determined as above.

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