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(영문) 대전지방법원 서산지원 2018.09.06 2018고단558

특수상해

Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

The defendant is a de facto marital relationship between the victim B (n, 46 years of age) and three years of age.

At around 01:20 on May 7, 2018, the Defendant, within the main point of “D” located in Seosan City, Seosan-si, declared that the injured person would go to Jeju-do and would go to Jeju-do. As a result, the Defendant, by hand, sustained one beer, which is a dangerous object on the table of the table, and one beer, and one glass cup was collected from the victim, thereby causing injury to the victim, such as 1 cm from the right side to the right side where the number of days of treatment cannot be known, and 3 cm from the right shoulder.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. A certificate of emergency measures report and medical records;

1. Application of Acts and subordinate statutes to a report on investigation (verification of the degree of injury of a victim);

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

1. The reason for sentencing under Article 62-2 of the Criminal Act for the protection and observation of the crime of this case is that the nature of the defendant is not weak in light of the method and result of the crime of this case. However, the defendant's wrong recognition and reflects the defendant's wrong recognition, the victim does not want the punishment, the victim does not have any record of punishment recently, and the sentencing conditions stated in the records of this case, such as the defendant's age, sex behavior, environment, and circumstances after the crime, shall be determined as ordered by taking into account