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(영문) 광주지방법원 해남지원 2018.08.16 2018고단231
특수상해
Text

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

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

Reasons

Punishment of the crime

The defendant is the victim B ( South, 46 years old) and village neighbors.

On May 20, 2018, the Defendant had a good appraisal about the victim as a result of the Defendant’s horse, dispute, and the Defendant’s horse, dispute, etc., with a good appraisal about the victim.

around 15:40 on the same day, the Defendant: (a) around the residence of Jindo-gun C, Jindo-gun, a dangerous object that was discovered and possessed by the victim; (b) three times in front of the victim’s left part; and (c) caused the victim’s head by the brick, which is a dangerous object, one time in which the victim’s head cannot be identified; and (d) caused the victim’s bodily injury, such as left arms and purified heat, where the number of days of treatment cannot be identified.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect B of the police;

1. A damaged photograph;

1. Application of the Acts and subordinate statutes for investigation reporting;

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Social Service Order was that the Defendant inflicted an injury upon the victim due to a hacker and brick, which is a dangerous object.

In light of the images, etc. of damaged photographs, the injury suffered by the victim is not easy.

On the other hand, however, the defendant recognizes all of his mistake and reflects.

The Defendant agreed with the victim smoothly.

There is no past record of punishment exceeding a fine.

In addition, the punishment shall be determined as ordered in consideration of all the sentencing grounds shown in the instant trial proceedings, such as the age, circumstances of the crime, and circumstances after the crime.

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