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(영문) 춘천지방법원 속초지원 2018.04.11 2017고단528

특수상해

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 18, 2017, the Defendant, while drinking alcohol together with his relative E and the Victim F (31 tax) at a “D” restaurant located in Gangwon-si, Gangwon-si, Gangwon-si, Gangwon-do, on November 18, 2017, the Defendant would borrow the PC room.

In the end, "the victim is unable to manage every day without good location" and the victim gave several advices, but the victim, which is a dangerous object on the table, was placed on the table, on the ground that the victim's advice was not heard, and the victim gets off the back head part of the victim's 21 days, and suffered bodily injury, such as two strokes, which require treatment for about 21 days.

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A statement prepared in F;

1. Application of statutes on site photographs and diagnostic certificates;

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. Based on the reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act, the punishment as ordered shall be determined by taking into account all the following conditions of sentencing, including the defendant’s age, sex, environment, background, means and consequence of the crime, and the circumstances after the crime.

The favorable circumstances: The fact that the defendant recognized the crime and agreed smoothly with the victim, and that there is no record of punishment exceeding the fine: the defendant had a criminal record of an act of violence against the defendant; the crime of this case may inflict an injury on the victim due to the main illness, which is a dangerous object, and the nature of the crime is not good in that it could inflict an injury on the victim.