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(영문) 춘천지방법원 2018.01.17 2017고단1064

특수상해

Text

A defendant shall be punished by imprisonment for one year.

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 May 21, 2017, at around 21:40, the Defendant was under the influence of alcohol in front of the D’s accommodation located in Gangnam-gu, Yangwon-gun C, and was faced with flab from the victim F (48 years of age) in the dispute over the regulation of the entrance door of E and the entrance door of the accommodation entrance. The Defendant, without any particular reason, laid off the victim’s right-hand snow part of the body of the body of the victim one time by gathering the flab of the drinking size, which is a dangerous object on the street, and continued to cut down the right-hand part.

As a result, the Defendant carried a stone of the size of drinking, which is a dangerous thing, and inflicted injury on the victim, such as the closure of the inner wall and the inner wall in need of treatment for about six weeks.

Summary of Evidence

1. The defendant's legal statement (as at the date of the second public trial, in the case);

1. Each police statement made to E and F;

1. Application of Acts and subordinate statutes of a report on internal investigation (Attachment by two on-site photographs), and a medical certificate;

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

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

1. The grounds for sentencing under Article 62-2 of the Criminal Act, including the observation of protection and the provision of community service order, and the fact that the victim’s face was seriously critical to the maintenance of the victim’s life, etc. on account of the fact that the defendant was a dangerous object, and the degree of the victim’s injury is serious, are elements for sentencing unfavorable to the defendant.

However, the fact that the defendant seems to have recognized the crime of this case and against the victim, that the victim did not want to be punished by the defendant, and that there was no record of criminal punishment for violent crime after the defendant was sentenced to a fine in 2006 due to the crime of injury in 2006 (limited to the record of the suspension of indictment for the crime of violation of the Punishment of Violence, etc. Act (joint injury) in 2008), etc. as an element of sentencing favorable to the defendant. In addition, all other circumstances constituting the condition of sentencing as shown in the argument of this case, such as the defendant's age, sex, environment, motive and circumstance of the crime, and circumstances after the crime.