(영문) 창원지방법원 2019.01.09 2018고단2925

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(영문) 창원지방법원 2019.01.09 2018고단2925

특수상해

Text

A defendant shall be punished by imprisonment for one year.

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

At around 07:00 on September 6, 2018, the Defendant: (a) heard the victim D(48 years of age) who had been aware of usual in front of the convenience store “C” on the top of the convenience store in the Sungsi-si B building in Changwon-si, Sungwon-si; (b) heard the phrase “I, , I am ring, I am ring off, I am ring off, I am ring off, which is a dangerous object on the table, on the table; and (c) laid down two parts of the victim’s head, and laid down two parts of the victim’s head, and laid off the victim’s head about three weeks of treatment.

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of the instant photograph, 119 emergency medical records, copies of medical records, diagnostic records, and CCTV-related statutes;

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

1. Article 62 (1) of the Criminal Act;

1. The grounds for sentencing under Article 62-2 of the Social Service Order Act are as follows: Defendant’s age, character and conduct, environment, the content and circumstances of the instant crime, and the circumstances after the commission of the crime. The sentence as ordered shall be determined by comprehensively taking account of various sentencing conditions.

Disadvantageous circumstances: The violence of the crime of this case by which the head of the victim is fluoral and the risk of the crime is considerably heavy.

The favorable circumstances: The Defendant recognized the instant crime, thereby not repeating the same mistake.

The victim has agreed with the victim and the victim does not want to punish the defendant.

No defendant has been punished in excess of a fine in the past.

참조조문

유사 판례

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