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(영문) 창원지방법원 밀양지원 2016.05.19 2016고단109
특수상해
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On December 24, 2015, at around 02:00, the Defendant was drinking alcoholic beverages in one room of “D main points” located in Sinnam-gun, Sinnam-gun, and the business owner E did not immediately pay this drinking value to the victim F (32 tax) who is another customer, but instead did not pay the said drinking value to the Defendant and sought assistance from the Defendant.

The Defendant called “the president of the Republic of Korea” to the victim who was asked for, and called “the victim who was asked for, what was the victim,” and caused the victim to be satis, who was satisfyed by the end of the end of the year, and the victim’s face was threatened with excessive (15cm in length) which is a dangerous object that was in the main room of the said singing, and the victim’s face was 2 to 3 times with another hand, and the victim suffered injury, such as the victim’s damage to the character of face, satisfy, etc., which requires two-time medical treatment.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the law of the police statement protocol to F;

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. Considering the reason for sentencing under Article 62-2 of the Social Service Order Criminal Act and the fact that the crime of this case is not good, strict punishment against the accused is required.

However, although the defendant's mistake is divided, although it is not agreed with the victim, it seems that significant damage has been recovered by paying considerable money to the victim. The defendant's community service order is also imposed together with the suspended sentence of imprisonment with prison labor, and the defendant's age, sex and environment, motive, means and consequence of the crime, etc., and the conditions of sentencing specified in the arguments of this case, such as the circumstances after the crime, shall be determined as the sentence like the order.

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