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(영문) 창원지방법원 통영지원 2017.11.28 2017고단1589
특수상해
Text

A defendant shall be punished by imprisonment with prison labor for up to six 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 September 21, 2017, around 23:40, the Defendant 23:40, the Defendant, without any particular reason, she ended to the Defendant’s conduct of the Victim D (44) who was sitting and drinking alcohol on the tables, and she ended up with the victim’s head on September 21, 2017, on the following grounds: (a) the Defendant her head on the part of the victim’s disease, which is a dangerous thing at the bar; and (b) the Defendant her head on the part of the victim’s head.

In this respect, the defendant carried dangerous objects and put two parts of the number of days of treatment to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or E;

1. The application of Acts and subordinate statutes of each investigation report and investigation report;

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. Around May 2015, this court issued a summary order of KRW 1.5 million for an injury to the defendant on the grounds of sentencing under Article 62-2 of the Social Service Order Criminal Act, and the records of the same crime are 6 times in total.

However, a suspended sentence of imprisonment shall be imposed in consideration of the fact that there is no record of crime exceeding a fine, that the victim and the victim have reached a full agreement, that all of the crimes are recognized, and that the method of the crime is against the law, but the grace period shall be set and community service shall be also ordered, considering the fact that the method of the crime is very dangerous and the criminal records are pending.

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