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(영문) 청주지방법원 제천지원 2018.07.26 2018고단111

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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 6, 2018, at around 07:30 on March 6, 2018, the Defendant jointly dPC room operated by the Defendant and the Victim C (48 tax) and the victim C (48 tax) with respect to the operation fund of the victim and the PC room, and the Defendant saw flick-in disease, which is a dangerous thing in the location, as his hand, and brought the victim's head into two parts of the number of days of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspect C by the police;

1. Photographs of the site and the upper part of the suspect’s body; and

1. Application of a copy of clinical records of an emergency medical treatment E by the recipient;

1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Where he/she commits a crime by carrying with himself/herself a deadly weapon or other dangerous articles, which is subject to a special aggravation of punishment in terms of punishment, from four months to one year and six months, in the basic area of the recommended punishment according to the sentencing criteria;

2. The sentence shall be determined as ordered by taking into account the following circumstances following the determination of sentence and other conditions of sentencing as shown in the records, such as the defendant's age, occupation, sex, family relationship, and circumstances before and after the commission of the crime.

Unfavorable circumstances: The nature of the crime and the circumstances of the crime are heavy, as the main disease of the victim, which is a dangerous object, has inflicted an injury upon the head of the victim.

In January 2015, there are ten months of imprisonment with prison labor and two years of suspended execution, and not less than three times of past records of being sentenced to a fine due to violent crimes.

The favorable circumstances: The mistake is recognized and reflected.

No injured person shall want to be punished by the defendant.