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(영문) 대전지방법원 서산지원 2018.02.21 2017고단1057

특수상해

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On October 6, 2016, the Defendant, at around 21:10, c'C, 'C' located in Seosan City B, and performed drinking as a wage issue. The Defendant, who had been in dispute with the victim D (62 aged) and drinking together within the main point of "C', was suffering from the victim's left face of the damaged party, which is a dangerous object cited by the victim himself/herself, and sustained the victim's face by continuously taking about about 4 weeks of drinking, and sustained the victim's injury, such as cutting off the alley (closed) in need of treatment for about 4 weeks.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to internal investigation reports, field photographs, medical certificates of each injury, and report internal investigation (as to the statement of a wooden shot person);

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. As to the Defendant’s assertion of Article 62(1) of the suspended sentence under the Criminal Act, the Defendant asserted that he was in a state of mental or physical weakness or mental loss under the influence of alcohol at the time of committing the instant crime, the records show that he was in a state of mental or physical weakness or mental loss. Thus, even though he was aware that he had drinking at the time of committing the instant crime, the Defendant was aware of drinking, and in full view of the circumstances such as the background and result of the instant case’s act before and after committing the instant crime, it cannot be deemed that he did not have the ability

Although violence is not imposed on dangerous objects with reason for sentencing, the degree of injury is not easy, the serious injury suffered by the victim is not likely to be suffered from dangerous objects, and there is no record of criminal punishment exceeding the same kind of criminal record or fine, reflects the fact, the defendant's age, sex, environment, relationship with the victim, circumstances leading to the crime, etc., the punishment shall be determined as ordered in consideration of various conditions of sentencing, such as the defendant's age, sex, environment, relationship with the victim, etc.