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(영문) 창원지방법원 2019.10.02 2019고단2004
특수상해
Text

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

On June 5, 2019, at around 03:10 on June 5, 2019, the Defendant: (a) heard the sound of dispute between the victim and C due to cleaning problems; (b) performed a dispute between the victim and C; and (c) performed drinking to compromise with the victim, on the ground that the Defendant followed the Defendant’s franchising of the Defendant’s franchis; (c) franchising of franchis; (d) franchising of franchis; and (e) franchising of franchis, which are dangerous objects in the table franchising; and (e) franchising the victim’s franchising of franchis; and (e) franchising the victim’s franchis, which require approximately two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of police suspect regarding D;

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes on the indicating the handling of on-site and damaged photographs, internal investigation reports (on-site exit status, etc.), and 112 reported cases;

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 for discretionary mitigation;

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

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act [Scope of Recommendation] / The mitigated area of category 1 (Special Bodily Injury) for special injury and repeated crime injury (limited to four months to one year), - The special prison: The defendant's age, character and conduct, the content and circumstances of the instant crime, and the circumstances after the crime, etc., shall be determined as ordered by comprehensively taking into account the following circumstances, and taking into account various sentencing conditions, such as the defendant's age, character and conduct, the contents and circumstances of the instant crime,

D. Unfavorable circumstances: Violence and danger of the instant crime is considerably high, and the degree of injury suffered by the victim is not easy.

Defendant has been punished as a suspended sentence of imprisonment with prison labor for crimes related to violence.

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.

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