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(영문) 창원지방법원 통영지원 2018.05.16 2018고단315
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Around 18:20 on February 20, 2018, the Defendant, while drinking together with the victim at the house room of the victim C (57 tax) located in Tong Young-si B (57) around 18:20, performed a dispute with the victim. The Defendant, while taking a bath, she dumped the victim’s head by breabbing the drinking room, she dumping the victim’s head with his/her feet, she dumped the victim’s bump with his/her feet, and she dumped the victim’s bum, she dump, which is a dangerous thing on the floor, she dumpeds the head part of the victim’s body, she dumped the victim’s head part and dump for treatment for about 42 days.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes to investigation reports (Attachment of 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 under the Criminal Act is against the Defendant’s recognition of the instant crime, the fact that the Defendant agreed with the victim, the fact that there was no record of criminal punishment, is favorable to the Defendant. Meanwhile, the fact that the victim’s injury is relatively heavy should be taken into account in light of the circumstances unfavorable to the Defendant, and the following factors should be comprehensively taken into account: the Defendant’s age, sex, environment, motive and background of the crime, and circumstances after the crime, etc., and the sentence as set forth in the Disposition above.

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