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(영문) 창원지방법원 2018.08.31 2018고단1756
특수상해
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 19, 2018, around 06:24, the Defendant performed drinking together with the victim E (52 years of age) at “D main office” on the first floor of Sungwon-si C Officetel 1, Sungwon-si, Sungwon-si, Sungwon-si, Sungwon-si, and caused a complaint by the victim E (hereinafter “D main office”) about the victim’s disturbance in the PC in the operation of the Defendant, and caused the collisioner’s disease, which is an object dangerous to the table, to be unloaded into the table, and led to one-time part of the victim’s left side side with the shoulderer’s disease.

Accordingly, the defendant carried dangerous articles and inflicted an injury upon the victim who could not know the number of days of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspects of E;

1. Statement made by the police with regard to F;

1. Application of statutes on site photographs;

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. The reason for sentencing under Article 62(1) of the suspended sentence of the Criminal Act is that the defendant, at the main point of view, who fiffs beer with the victim while drinking together with the victim, and then inflicts a fife with a fife with a fife with a fife with a fife with a fife with a fife, does not constitute a crime that may threaten the life of a person.

However, the defendant reflects his fault in depth.

At the time, it seems to have committed a contingent crime by interesting rapidly while disputing the victim.

By paying 2.5 million won to the injured party, the injured party does not want the punishment of the accused.

There is only a record of being sentenced to a fine of small amount on one occasion for violence crimes in several hundred and twenty years, and there is no criminal record of the same kind in the last twenty years, and there is no criminal record of suspension of execution or more.

The fact that there is a family member, including a spouse with poor health, can be considered in a favorable situation.

In addition, the sentencing conditions, such as the age, sex, environment, circumstances, and circumstances after the crime, shall be comprehensively considered, and the punishment shall be determined as per the order.

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