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(영문) 대전지방법원 공주지원 2017.08.11 2017고단145

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

The defendant and the victim C(53) are undergraduate students in D University C.

On March 30, 2017, the Defendant: (a) around 00:10 on March 30, 2017, in Fresher E, and while drinking alcohol with other faculties such as the victim, etc., the Defendant: (b) on the ground that she was in a singular helper, the Defendant: (c) on the ground that she was in a form of 50,000 won; (d) on the ground that she was in a singular helper; and (e) on the ground that she was in a singular, the Defendant sustained a beer’s disease, which is a dangerous object, and caused the

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Each part of the police statements made to C, G, and H:

1. Each investigation report (in cases of the dispatch of the site to the site, the statement of a witness H, etc.);

1. Application of a medical certificate of injury, on-site photographs, and statutes governing damaged photographs;

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. The reason for sentencing under Article 62-2 of the Criminal Code of the Social Service Order is that the Defendant, who is a dangerous object, might have caused serious consequences to the victim’s hair. In light of the fact that a serious punishment is required.

However, it shall be taken into account the fact that the defendant has no criminal record of the same kind, confession and reflects his depth, and that he agreed with the victim.

In this context, considering various circumstances such as the defendant's age, sex, family environment, background of the crime, and circumstances after the crime, the punishment is determined as ordered.