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(영문) 대전지방법원 2016.04.06 2016고단324 (2)

특수상해등

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 became final and conclusive.

Reasons

Punishment of the crime

1. Around 06:00 on October 9, 2015, the Defendant, while drinking alcohol together at the house of the victim C (22:3) located on the second floor of Daejeon Seo-gu Daejeon District B, Daejeon, 2015, carried a breath of the victim’s ship under the influence of alcohol, carried the breath’s disease, which is a dangerous object, and carried with the victim a dangerous object, such as hacking the victim’s hand and hacking the breath, and carried the victim a two new breath of the right, the right side of which requires treatment for about four weeks.

2. Special damage: (a) the Defendant collected a shouldered fluor’s disease, which is a dangerous object at the above date, at the above place, and destroyed the beer glass window owned by the said victim; and (b) continuously damaged the entrance door of the entrance door by carrying dangerous objects and damaged the property of the victims of the non-merchants.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Statement of opinion;

1. Application of each statute on photographs;

1. Relevant provisions of the Criminal Act and Articles 258-2, 257 (1) (a point of special injury) of the Criminal Act concerning facts constituting an offense, and Articles 369 and 366 of the Criminal Act (a point of special damage and a choice of imprisonment with prison labor);

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (including the fact that there is no criminal record, the fact that there is no agreement with the victim, the fact that there is a serious reflection, etc.);

1. Article 62 (1) of the Criminal Act on the suspension of execution (resumed grounds for reduction of the amount of punishment);