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(영문) 창원지방법원 2018.10.05 2018고단2154
특수상해
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Criminal facts

At around 03:05 on April 26, 2018, the Defendant: (a) around 03:05, around 4, 2018, while drinking alcohol together with the victim D (19:); (b) on the ground that the victimized person was able to drink alcohol from the Defendant; (c) twice the victim’s face was satched; (d) the injured person was satisfing two times in drinking alcohol; (e) the injured person was satisfing and pushed back the bat of the victim’s bat; (e) the bat and drinking bottle, which is a dangerous object, was fatd in hand, three times the victim’s face and head, etc.; and (e) the injured person suffered injury, such as a multiple face, etc. necessary for the victim’s treatment for about three weeks.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

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

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. The reason for sentencing under Article 62(1) of the Act on the Suspension of Execution (the above favorable circumstances) is that the defendant repents and reflects his wrongness in depth, there are some circumstances to take account of the motive and circumstance leading to the instant crime, and there are no other special criminal records except that the defendant has been fined several times, and in addition, the sentencing guidelines of the Supreme Court sentencing committee are set in full view of various conditions of sentencing as shown in the records and arguments, including the criminal means and result of the instant crime, the circumstances after the crime, the defendant's age, sexual behavior, intelligence, environment, etc.

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