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(영문) 광주지방법원 순천지원 2018.01.05 2017고단1525
특수상해
Text

A defendant shall be punished by imprisonment with prison labor for up to 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

At around 13:30 on June 2, 2017, the Defendant heard the horses that “the leg will go to the oriental medical hospital located at the low ebr.g., the ebr., the Defendant’s wife” from the victim E (the ebr.g., the ebr., the ebbr., the ebr., the ebr., the ebr., the e.g., the e., the e., the e., the e., the e., the e., the e., the e., the e., the e., the e., the e., the e., the e., the e., the e., the e., the e., the e. the e., the e., the e. the e. the e. the e. the e.).

As a result, the defendant carried dangerous objects and brought about the victim's 14-day medical treatment to the left-hand side, which requires treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A report on investigation (Evidence photographs), photographic;

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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. The main sentence of Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2(1) of the Social Service Order Criminal Act, the main sentence of Article 59(1) of the Act on the Protection, Observation, etc. is disadvantageous to the nature of the instant crime, and the victim wants to be punished.

On the other hand, there are favorable circumstances such as the fact that the defendant is the first offender, the fact that the defendant recognizes and reflects the crime, and the defendant remitted 800,000 won to the victim for medical treatment.

In addition, in consideration of such circumstances and the defendant's age, family environment, motive and background of the crime, degree of damage, relationship with the victim, circumstances after the crime, etc., punishment for the prevention of recidivism shall be determined at once.

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