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(영문) 광주지방법원 순천지원 2019.07.04 2019고단733
특수상해
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 3, 2019, at around 01:40, the Defendant was playing at C main points located in Singing-si B, with a view to getting off from the victim D (V, 47 years of age) who is an employee, and followed the victim's body by getting off the victim's head and putting it down on the floor, which is a dangerous object.

Accordingly, the defendant carried dangerous articles and carried up two-time medical treatment to the right side of the victim, which requires treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Photographs;

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 62 (1) of the Criminal Act;

1. The reasons for sentencing under Article 62-2 of the Criminal Act, including the probation order, the order to attend a lecture, and the order to attend a community service order, have the record of having been punished four times or more due to the same crime of violence, and even

Crimes are very bad and criminal acts are also cruel, such as cutting down the head of the victimized female by beer's disease and putting it on the floor, taking the body by a hand, etc.

On the other hand, however, the defendant voluntarily surrendered to the investigation agency immediately after the crime of this case, and the defendant shows an attitude to reflect the mistake, and the defendant was fully agreed with the victim.

They seem to have been detained for a certain period of time and have an opportunity to reflect.

The degree of injury itself is not significant.

In consideration of these circumstances, a suspended sentence shall be imposed, and a reasonable period of suspension shall be set in light of the defendant's violent tendency, and probation and violent therapy lectures shall also be ordered in consideration of the possibility of recidivism.

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