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(영문) 창원지방법원 2017.01.25 2016고단4328
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 20, 2016, at around 02:53, the Defendant: (a) joined “C” restaurant located in Kimhae-si B with the victim D (22 3) and fluencing alcohol; (b) collected one flusium, which is a dangerous object without any particular reason under the influence of alcohol; and (c) caused injury to the victim, such as brain, where there are two heads of the victims, requiring approximately two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes of the injury diagnosis 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 for mitigation of a small amount (including the fact that there is no previous conviction for the last twenty years, the fact that there is a reflection, the fact that there is an agreement with the victim, and the fact that the degree of injury is not severe);

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

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