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(영문) 광주지방법원 2017.12.20 2017고단2965
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 April 9, 2017, at around 01:50, the Defendant: (a) was in front of the D convenience store located in Gwangju-gu, Gwangju-gu, for the reason that the victim E, who was born to his school, had his examination and had his examination before the school; (b) had the face of the victim one time due to drinking, and tried to impose an apology on the victim; and (c) the victim tried to go against the victim.

" .............. as a broom broom for cleaning the victim's head, the victim suffered bodily injury, such as an open broom, which requires approximately two weeks of medical treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement made to E and F;

1. The defendant asserts that a medical certificate, on-site photograph (the defendant asserts that brooms for cleaning as indicated in the judgment are not dangerous articles because they are plastic materials.

However, according to the evidence duly admitted and investigated by this court, brooms for cleaning in the judgment can be seen as plastic materials. However, in full view of the materials of brooms as well as the materials of brooms and the fact that the defendant used them to directly injure the victim's head and thereby inflicted bodily injury on the victim, it is reasonable to view this as constituting "hazardous things" as stipulated in Article 258-2 of the Criminal Act, since it is sufficient to allow the victim or a third party to suffer harm to the victim's life or body, the above assertion is not accepted).

1. Articles 258-2 (1) and 277 of the Criminal Act concerning the facts constituting an offense;

1. Articles 53 and 55 (1) 3 of the Criminal Act (the following sentencing shall be considered in consideration of the favorable circumstances in which the sentencing is significant);

1. The reason for sentencing under Article 62(1) of the Criminal Act (the following sentencing has been repeated in favorable circumstances) is that of the defendant.

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