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(영문) 대전지방법원 홍성지원 2017.04.25 2017고단157

특수상해등

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

Reasons

Punishment of the crime

The defendant is a person who operates a construction company and visits to customers in E entertainment mainly in Hong-gun D, and the victim F (V, 43 years of age) is a person who works for the head of office at the above entertainment place and the victim G is a person who operates the above entertainment place.

On October 31, 2016, around 23:04, the Defendant entered the above E amusement center and drinks female contact loans from two rooms with the direction of the victim F, and, on November 1, 2016, around 01:00 on November 1, 2016, the following day to the victim F, who entered the room to calculate the week by the victim F.

“The victim F was able to take a bath, etc., and the victim F was able to gather the balance on the table to the victim F, and the victim F was able to avoid this, and the victim F was able to take two main bottles, which are dangerous objects on the table table, and the victim F was able to get off the part of the victim F’s water purification, and then collected the balance on the table table, drinking water cans, etc. from the entrance.

As a result, the Defendant carried dangerous articles and inflicted injury on the victim F, which requires approximately two weeks of treatment, to the victim F, and damaged the victim G so that the repair cost of KRW 517,00,000 at the bottom of the second door of the above amusement shop operated by the victim G to shoulder the knick glass at the bottom of the above amusement shop.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution against the F;

1. Each police statement made with respect to G and H;

1. Application of Acts and subordinate statutes of an injury diagnosis certificate and estimate;

1. Relevant legal provisions of the Criminal Act, Articles 258-2 (1), 257 (1) (a point of special injury) of the Criminal Act, and Article 366 of the Criminal Act concerning facts constituting an offense;

1. Aggravation of concurrent crimes under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [the aggravated punishment for concurrent crimes with heavy special injury (within the scope of the sum of the long-term punishments of the above two crimes)];

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62(1) of the Criminal Act 1.