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(영문) 창원지방법원 통영지원 2017.06.22 2017고단447
특수상해등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal records] On January 11, 2017, the Defendant was sentenced to six months of imprisonment with prison labor and one year of suspended execution due to a violation of the Punishment of Violences, etc. Act (joint injury) at the Changwon District Court through the Changwon District Court’s branch, and the judgment became final and conclusive on January 19, 2017.

[Criminal facts]

1. Around 04:00 on April 10, 2016, the Defendant: (a) 3rd floor D of the 3rd floor of the C building of the 14th floor of the 14th floor of the 14th floor of the 14th floor of the 3rd floor of the 5th floor of the 5th floor of the 5th floor of the 14th floor of the 14th floor of the 14th floor of the 14th floor of the 14th floor of the 14th floor of the 14th floor of the 14th floor of the 14th floor of the 14th floor of the 14th floor of the 14th floor of the 14th floor of the 2nd floor of the 3th floor of the 196th floor of the 3th floor of the 2016.

2. The Defendant damaged property at the time, place, as described in paragraph 1, by 85,00 won or more of the market price owned by the victim E as set out in paragraph 1, and damaged the F’s head to the extent that it can be replaced.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and E;

1. A written statement of F and E;

1. A written diagnosis of injury;

1. On-site photographs and replaced cleaning photographs;

1. A certificate of performance;

1. Previous convictions: Application of a reply to inquiry, such as criminal history, investigation report (Attachment to judgments of the same kind as the suspect);

1. Relevant legal provisions of the Criminal Act, Articles 258-2 (1), 257 (1) (a point of special injury) of the Criminal Act, and Article 366 of the Criminal Act concerning facts constituting an offense;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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. The crime of this case on the grounds of sentencing in Article 62-2 of the Social Service Order Criminal Act is a dangerous article that a defendant gets a victim's head by cleaning hand, which is a dangerous article, and thus, the crime is not good.

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