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(영문) 창원지방법원 통영지원 2017.08.17 2017고단759
특수상해
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

On May 19, 2017, at around 10:0, the Defendant requested to return advance payment to the victim D (48 taxes) that was paid to the victim before the victim. However, while the victim changed time and the victim changed, the victim was able to “cherb at the time of weather,” the victim was able to see “fluor at the time of weather,” and the victim was fluord with a stone, which is a dangerous object in the surrounding area, at one time. The victim continued to “A flusing, flusing, and fluor’s disease, which is a dangerous object in the vicinity of the fluorous defect, the victim was flusing off one part of this end by gathering a fluoral disease, which is a dangerous object in the vicinity of the flusing defect.

As a result, the Defendant carried dangerous things and inflicted injury on the victim by opening the head part of other head part requiring treatment for about two weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A report on investigation and an investigation (including a medical certificate attached with respect to attachment of a report on injury to a victim);

1. Application of Acts and subordinate statutes of internal investigation reports (including photographs attached to 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. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act of the community service order is that a person who inflicts an injury on the part of the victim’s eye or gale due to a fluor and a fluor’s disease, which is a dangerous object by the defendant, is not somewhat weak.

However, with regard to the return of advance payment paid by the Defendant to the victim, it appears that the Defendant had committed the instant crime in a contingent manner, and the Defendant committed the instant crime and divided his mistake.

In addition, the defendant agreed with the victim and there is no record of criminal punishment exceeding the fine.

In addition, all other cases are shown in the trial process of this case, such as the age, sex, living environment, and circumstances after crimes.

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