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(영문) 대전지방법원 홍성지원 2018.01.09 2017고단714

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

Reasons

Punishment of the crime

The defendant shall be a worker working at the D convenience store in Boli-si C.

At around 17:51 on August 7, 2017, the Defendant expressed the victim E (14 tax) who is a customer expressed the victim’s desire to see “glare. . . . . . . . . . . . . . . . . .. .. .. .. .. .. ... ... .....) on the rubber net (36cm in total, 9cm in length, 9cm in length, 6cm in length, 658g in total) on the left side of the victim, the right shoulder part, and the left side part of the water part, one time, and f. . . . . . . .. .. .. . .. .. .. .. .. .. .. .. .. .. .. .. .

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Sponsoric photographs of a rubber material taken on the spot by cutting off CCTV images recorded on the surface of the crime scene and reporting thereon;

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

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. On the grounds of sentencing under Article 62-2 of the Social Service Order Criminal Act, the conditions of all the sentencing recorded in the records, such as Defendant’s age, sex, environment, circumstances before and after the instant crime, and the background of the instant crime, shall be determined as ordered by taking into account the following circumstances.

3. Unfavorable circumstances: A normal circumstance in which the defendant who is an adult in the third grade of middle school was unable to commit a crime in several times with a dangerous object without sea, and the victim seems to have suffered a considerable mental impulse; the defendant's mistake and reflects his mistake; the first offender who has no criminal history; the degree of injury of the victim is relatively minor.