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(영문) 창원지방법원 통영지원 2017.02.09 2016고단1895
특수상해
Text

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

The execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 22, 2016, around 18:17, 2016, the Defendant: (a) on the street in front of the convenience store in the first floor of the B building in Tong-si, Si, Dong-si; and (b) on the ground that the Defendant’s wife D (37 years old) reached the Defendant’s wife and the Buddhist body, the Defendant “I Chewing.”

x. In doing so, the kne kel kel-kel-kel-kel-kel-kel-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-k

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of D;

1. Each photograph;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Relevant Article 258 of the Criminal Act, Articles 258 (1) and 257 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

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

1. According to the majority agreement with the victim that some of the reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution include the means and results of the instant crime, and the circumstances leading up to the instant crime, the victim does not want the punishment against the defendant, and the defendant who does not want the punishment against the defendant does not have any criminal record of the same kind, is determined as above on the grounds that he/she has no criminal record of the defendant, by taking into account the defendant's age, sex, environment, circumstances leading up to the crime, means and consequence, etc., and by taking into account the sentencing conditions under Article 51 of the Criminal Act, such as the circumstances after the crime, etc.

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