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(영문) 창원지방법원 마산지원 2021.02.17 2019고단1119
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 October 20, 2019, at around 21:55, the Defendant, while drinking alcohol together with the Victim D(43) in the 'C cafeteria located in the Changwon-si, Changwon-si, the Defendant, on the ground that he reported to the police on the matters that the Defendant was fineed by the Defendant, and caused the victim to be called out to the police, and caused the victim to move out to the police. On the other hand, the Defendant, on the ground that he was forced to get out of the police, 1 head and other part of the victim, which are dangerous objects that the Defendant was drinking, 500cc glass wreed by the Defendant, had the victim get out of approximately two weeks of the head and other parts that require approximately two weeks of medical treatment.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to a report on internal investigation (Attachment to a report on damage to a victim) and a report on investigation (referring to a report on diagnosis of a victim);

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. Opinions of the prosecutor on the grounds of sentencing under Article 62(1) of the Criminal Act: Imprisonment with prison labor for a year: The head was determined by using dangerous goods of two years of suspended execution for a period of eight months, and the victim was not able to receive the letter of suspicion;

However, the defendant is recognized as committing a crime and is against the law.

statement is made.

There is no criminal history exceeding a fine.

In addition, the sentencing conditions, such as the defendant's age, sex, environment, background, circumstances after the crime, etc., shall be determined as per the order.

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