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(영문) 창원지방법원 통영지원 2019.01.09 2018고단1227
특수상해
Text

A defendant shall be punished by imprisonment for 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 17, 2018, at around 01:50, the Defendant collected spawn's disease, which is a dangerous object on the table table, while drinking alcohol on the table table in front of the convenience store with the victim D (26 years of age) and E, and went to the head of the victim, and went to the head of the victim for about two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A report on internal investigation (in the current state, etc. at the time of sending to the scene), and a report on internal investigation (Attachment to a photograph);

1. Application of Acts and subordinate statutes, such as written diagnosis;

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 for discretionary mitigation;

1. The reason for sentencing under Article 62(1) of the Criminal Act in the suspension of execution is that the degree of injury inflicted on the victim by unloading a major illness, which is a dangerous thing by the defendant (3 cm above the last half, 8 cm above the left side), the history of punishment of a fine due to the same kind of violent crime is one time, and on the other hand, the defendant's age, character and behavior, environment, motive and background of the crime, circumstances after the crime, etc. are considered as a whole, and the punishment is determined as ordered.

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