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(영문) 광주지방법원 순천지원 2018.01.05 2017고단1698
특수상해
Text

A defendant shall be punished by imprisonment for not less than nine 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

The defendant and the victim B (n, 57 years old) are known to each other from around 2010.

On July 12, 2017, around 02:35, the Defendant sought to drink with the victim and to go together with the victim. On July 12, 2017, on the ground that the Defendant was not the victim's house, the Defendant saw the victim's face and head from the toilet at the above main point to see the victim's face and head, and turned into the victim's body with the lead unit for cleaning the scrap metal ( approximately 68 cm in total length) which is a dangerous object.

Accordingly, the defendant carried dangerous objects and carried them about about two weeks of treatment, resulting in a multi-lateral typology which requires treatment to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for B and E;

1. A protocol of seizure and a list of seizure;

1. Results of appraisal of the DNA in special injuries case;

1. A medical certificate;

1. Application of each statute on 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 to mitigate small amount;

1. The main sentence of Article 62 (1) of the Criminal Act;

1. The fact that there are many kinds of records of violence against the Defendant for the reason of sentencing under Article 59(1) main sentence of the Act on the observation of protection and community service order, the main sentence of Article 62-2(1) and the main sentence of Article 62-2(2) of the Criminal Act, and the main sentence of Article 59(1) of the Act on the Observation, etc. of Protection (one time of assault against the victim of this case), and the fact that

On the other hand, the fact that the defendant recognized the crime of this case and reflects it, and the fact that the victim wants to punish the defendant without wanting to do so is favorable circumstances.

In addition, in consideration of such circumstances and the defendant's age, family environment, motive and background of the crime, relationship with the victim, circumstances after the crime, etc., punishment for the prevention of recidivism shall be determined at once.

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