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(영문) 청주지방법원 2017.10.26 2017고단1402

특수상해

Text

A defendant shall be punished by imprisonment with prison labor for up to six 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 June 9, 2017, the Defendant: (a) around 21:43, at the Cheongju-si Cheongju-si C restaurant located in B, Cheongju-si, on the ground that, while drinking the victim D (59 tax) and drinking alcohol, the victim took an insulting speech and her desire, the Defendant laid the part of the victim’s head, which was a dangerous object on the table, and laid the part of the victim’s head at one time, laid the victim’s head, thereby bringing the number of days of treatment to the victim.

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 to photographs of damaged victims;

1. Relevant Article 258-2 (1) and Article 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. The reason for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act is as follows: (a) the crime of inflicting bodily injury upon the victim’s head due to beer disease, which is a dangerous object under the influence of alcohol, is not good; (b) the criminal records of the same kind of fine are found; (c) Do’s mistake is recognized; (d) there is no criminal record exceeding a fine; (e) Do’s non-permanent records of punishment and other factors of sentencing under Article 5