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(영문) 창원지방법원 2017.12.28 2017고단3963
특수상해
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

On October 12, 2017, at around 23:17, the Defendant, “C” in Kimhae-si B, was drunk in a mutual singing room near a restaurant, and the Defendant, under the influence of alcohol at a non-sing room, set the end part of the victim D (41 older) who is a work partner, was placed in the same workplace once, and led the victim to a brasium and a diverosis that require approximately two weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A damaged photograph;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the following reasons for sentencing)

1. The sentencing criteria under the Criminal Act are not prepared for special injuries;

2. Determination of sentence - Determination of disadvantageous circumstances: The gravity of crime in light of the risk, etc. of the instrument of crime and method of crime - The fact that the nature of crime is grave - the favorable circumstances: the fact that the mistake is reflected, the fact that the victim has agreed with the victim - Other circumstances: relationship between the defendant and the victim, age, sexual conduct

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