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(영문) 창원지방법원 마산지원 2018.08.14 2017고단1105
특수상해
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Criminal facts

At around 23:50 on July 16, 2017, the Defendant: (a) 23:50, the Defendant inflicted the injury on the victim E ( South, 41 years of age) who was divingd by having his/her head entering the above room and disturbing the room; (b) saw the victim E ( South, 41 years of age) with his/her head; and (c) saw the hacker (36cm in length, 30cm in width, 30cm in width, and caused the victim’s head twice to the victim’s number of days of treatment; and (d) the victim’s head cannot be identified.

Summary of Evidence

1. Statement by the defendant in court;

1. Protocol concerning the interrogation of suspects of E;

1. Application of the Acts and subordinate statutes to photographs of victims and saw photographs;

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 on the suspended execution;

1. Article 62-2 (1) and the main sentence of Article 62-2 (2) of the Criminal Act for the observation and observation of protection;

1. The reason for sentencing under Article 62-2(1) of the Criminal Act and Article 59 of the Act on the Protection, Observation, etc. of the Criminal Act lies in a criminal record of 17 times in total, including the criminal records due to nine acts of violence.

Among them, there are two times the previous convictions of the suspension of the execution of imprisonment with prison labor due to the violation of the Punishment of Violences, etc. Act.

However, since the defendant has inflicted an injury on the victim with another dangerous object, the nature and circumstances of the crime are heavy.

However, the degree of injury suffered by the victim of the crime in the ruling is not relatively more severe.

In addition, the defendant expressed his intention to endeavor to recover from damage in this court, and even though there was no agreement with the victim, this is significant due to the situation in which the victim's whereabouts cannot be known, without contact with the victim.

On the other hand, although the defendant was detained because he did not comply with the summons of this court, the defendant was living in custody, and the defendant is living in prison and against his mistake after being detained.

B. The criminal records of the defendant's act of violence committed earlier are committed not later than 10 years ago.

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