(영문) 창원지방법원 2016.08.02 2016고단623

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(영문) 창원지방법원 2016.08.02 2016고단623

특수상해

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On December 24, 2015, the Defendant: (a) around 10:15, and around 15-15, in the future, in the business establishment of the Jin-si, Jin-si, Jin-si, Jin-si, Seoul Special Metropolitan City, 2015, the Defendant: (b) cleaned the victim C (31) of the nationality of the Dongin-si, a workplace Dongin-si, in the cleaning process; and (c) took a bath to the Defendant; (d) took the victim’s head at one time, which is a dangerous object in the workplace, and inflicted injury on the victim, such as bral, in need of medical treatment for about 14 days.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. For the reasons for sentencing under Article 62(1) of the suspended sentence under the Criminal Act, the crime is not somewhat weak in that the defendant inflicts bodily injury upon the victim by taking the head of the victim by a monm sculner, which is a dangerous object, and the fact that the victim did not reach an agreement with the victim is disadvantageous to the defendant: Provided, That the execution of the sentence shall be suspended by taking into account the following: (a) long conflict and bullying between the Korean nationals of the same business, which led to the occurrence of the crime in this case; and (b) the defendant after the crime in this case was committed, is deemed to have been subjected to retaliation from the victim's dynamics; and (c) the defendant was sc

b. Determination of punishment as ordered by comprehensively taking account of the Defendant’s age, sexual conduct, family environment, motive and circumstance of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of

참조조문

-형법 제62조 제1항

-형법 제257조 제1항

-형법 제258조의2 제1항

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