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(영문) 창원지방법원 2017.04.26 2017고단488
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 became final and conclusive.

Reasons

Criminal facts

On October 20, 2016, at around 11:30 on October 20, 2016, the Defendant suffered injury, such as “C” in the front of the convenience point of Changwon-si, and “C” in the table D, E and drinking. D metrifely with D’s private village victims F (22 tax) and drinking together with D, on the ground that the victim would act without a brucation, while drinking alcohol, the Defendant caused the injury of the brue, which is a dangerous object on the table, to the victim, and caused the victim to have the brue at the time of the victim’s head, which requires approximately two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. The Defendant alleged to the effect that he was in a state of mental and physical weakness under the influence of alcohol at the time of the instant crime. However, in light of the circumstances of the crime, its content and method, Defendant’s behavior before and after the instant crime, etc., the Defendant had weak ability to discern things or make decisions under the influence of alcohol at the time of the instant crime.

Therefore, the defendant's above assertion cannot be accepted.

Application of Statutes

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. The reason for sentencing under Article 62(1) of the Criminal Act (refluence to the above favorable circumstances) of the suspended sentence is that the defendant repents and reflects his mistake in depth, and that the defendant agreed with the victim smoothly, etc. is favorable to the defendant.

On the other hand, the content and method of the crime of this case are considerably dangerous, and the degree of injury of the victim is not less than that of the defendant.

In addition, various kinds of sentencing that are shown in the records and arguments, such as the motive, means, and result of the instant crime, the circumstances after the crime, the defendant's age, sexual conduct, intelligence, environment, etc.

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