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(영문) 광주지방법원 해남지원 2017.02.16 2016고단460
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 October 22, 2016, around 22:50, the Defendant left the head of the Victim D (26 cm) with Aluminium pipe (65 cm in total length) which is a dangerous object in the location, without any particular reason, at C main toilets located in the Gun, southdo. 22:50 on October 22, 2016.

As a result, the Defendant carried dangerous things with the victim and inflicted an injury upon the victim, such as an open wound, which requires two weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A written diagnosis of injury;

1. On-site photographs;

1. Application of Acts and subordinate statutes to a report on investigation;

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 crime of this case on the grounds of sentencing Article 62-2 of the Criminal Act is not likely to be committed on the grounds that the crime of this case is a dangerous article, i.e., Aluminum pipe to the victim’s head.

In addition, the defendant committed the crime of this case without being among those who had been punished several times due to violent crimes.

Considering the above circumstances, it is also true that there is a high need to punish the defendant.

However, in determining the specific sentence, the suspension of execution shall be imposed only once in consideration of the fact that the defendant is against the defendant, the victim does not want the punishment against the defendant, etc.

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