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(영문) 광주지방법원 해남지원 2018.01.11 2017고단429
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 September 27, 2017, the defendant had a friendly relationship with the victim B ( South Korea, 54 years old), and on September 27, 2017, the defendant given a mobile phone opening through the victim's wife C, and the defendant provided a dispute with the victim by telephone.

On September 28, 2017, around 22:45, the Defendant: (a) assessed the left-hand eye of the victim returning to the house with red bricks (flost 11cm in width, 22.5cm in length, 22.5cm in thickness, 6cm in thickness) in front of the operation of the above C, which is located in D, and caused injury to the victim, such as deep heat of the left-hand eye, which requires two-day treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Two copies of a medical certificate;

1. One copy of a photograph of the criminal tool and the part of the victim's damage;

1. Application of Acts and subordinate statutes on investigation reporting;

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 in light of the reasons for sentencing Article 62-2 of the Criminal Act, the crime of this case is not suitable in its nature in light of the following: (a) the type of dangerous articles used by the defendant and the damaged parts, etc.

Although the defendant should be punished strictly, the punishment as ordered shall be determined in consideration of the fact that the defendant reflects his/her wrong, that the victim does not want the punishment against the defendant, and that there is no record of the same kind of crime.

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