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(영문) 창원지방법원 2016.05.19 2016고단58
특수상해
Text

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

Punishment of the crime

On September 7, 2015, the Defendant, around 20:40 on September 20, 2015, followed by the following reasons: (a) on the ground that the Defendant saw the sound to the victim C (61 tax) before the Jindo in Jindo, and the victim C (61 tax) D, which was a dangerous object, saw the head of the victim once as a main disease of the dangerous object, and put the victim into two strings that require medical treatment for the number of days.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or C;

1. Each report on internal investigation:

1. Application of statutes on site 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 crime of this case is not less severe since the reason for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act was the main illness, which is a dangerous object of the defendant, and the victim's head was injured. However, the crime of this case was committed in the course of the defendant's warning that the injured person's use of violence against D, the disabled person, and the injured person's long-term relationship does not want the punishment against the defendant, and the execution of the sentence is suspended in consideration of the fact that the injured person does not have any criminal record except that the defendant was subject to criminal punishment on several occasions due to the violation

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

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