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(영문) 창원지방법원 통영지원 2017.11.28 2017고단1560
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

[criminal records] The Defendant was issued a summary order of KRW 2 million for a crime of violation of the Punishment of Violences, etc. Act (joint injury) in the Changwon District Court’s through the Changwon District Court’s Tong branch on August 31, 2012; from the same support on December 15, 2014, a fine of KRW 700,000 as an injury crime; from the same support on July 14, 2015, a fine of KRW 2 million as an offense of violation of the Punishment of Violences, etc. Act (joint injury) in the same support on July 14, 2015; and from the same support on April 7, 2016, the Defendant was sentenced to a fine of KRW 6 million as an offense of interference with the performance of official duties.

[2] On October 1, 2017, the Defendant: (a) up to October 1, 2017, around 03:25, 03:3:25, the Defendant laid down the victim’s head on the ground that the victim D ( South, 24 years old) was fluenced to the Defendant’s tables and the Defendant’s female-friendly room; and (b) the Defendant acted without any bruction.

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 with regard to D, and statement of injury diagnosis;

1. Application of Acts and subordinate statutes to investigation reports (on-site photographs and photographs of the body of victims);

1. Articles 258-2 (1) and 257 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 method of committing the crime on the grounds of sentencing under Article 62-2 of the Criminal Act for the observation of protection and observation is violent and very dangerous, and the injured party's standing is somewhat weak;

It is difficult to see.

In addition, one defendant has the same criminal history.

However, considering the fact that the victim is both aware of and against the mistake, and that the agreement has been reached smoothly with the victim after the prosecution of this case, it is ordered to take the action of suspended execution as shown in the order, and as the same and similar crime continues to exist, it is also ordered to undergo observation of protection.

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