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(영문) 광주지방법원 해남지원 2017.08.24 2017고단225
특수상해
Text

A defendant shall be punished by imprisonment for six 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 31, 2017, the Defendant: (a) while drinking alcohol together with D and victim E (n, 42 years of age) at C dan, which was located in Dondo, South 20:0 on May 31, 2017, the Defendant: (b) reported that the victim would speak as D because D was well-known; and (c) reported that the victim would go against D on the ground that D was friendly with D; and (d) took a two government column where the victim would suffer from a dangerous object on his/her table.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes to photographs damaged;

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 crime of this case on the grounds of sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act is not likely to be a crime in light of the type of dangerous articles used by the defendant or the degree of damage, etc., due to the fact that the defendant was at the top of the victim’s head, which is a dangerous thing for the victim.

Although the defendant should be punished strictly, considering favorable circumstances, such as the defendant's reflection, the agreement with the victim, and the fact that there is no record of punishment exceeding the fine, the punishment as ordered shall be determined by taking into account all the factors of sentencing revealed in the process of the trial of this case, such as the defendant's age, sex, environment, background of the crime, circumstances after the crime, etc.

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