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(영문) 대전지방법원 논산지원 2017.09.19 2017고단428

특수상해

Text

A defendant shall be punished by imprisonment for six 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 and B are the father-and-child b, and the defendant and the victim E (19 years old) are those who work in the above D in 19 years.

The Defendant: (a) around 15:20 on May 4, 2017, 2015, the Defendant: (b) carried the victim into a painting, and towed the victim on the ground that the victim was flaged at around 15:20, and dumped in the above D book, the father, the father of the Defendant.

피고인은 피해자에게 그 이유를 묻던 중 피해자가 호주머니에 손을 넣고 있는 모습에 화가 나 주먹으로 피해자를 때리고, 발로 피해자의 오른쪽 허벅지를 찼으며, 그 곳 진열대에 있던 위험한 물건인 페인트 통을 들어 피해자의 머리 부분을 내리쳤고, 피해자가 넘어지자 재차 발로 피해자의 몸을 때려 피해자에게 21일 간의 치료가 필요한 두피의 표재성 손상 및 다발성 타박상 등을 가하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and F;

1. Each injury diagnosis letter;

1. Application of Acts and subordinate statutes to field photographs, photographs of the upper part of the victim, and photographs of the paint;

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 crime of this case on the grounds of sentencing under Article 62-2 of the Social Service Order Criminal Act requires a strict punishment for the defendant due to the nature of the crime and the poor circumstances that the defendant committed the crime of this case by assaulting the victim by drinking or singing the victim, and by getting the victim into the head of the damaged person.

However, the order is issued in consideration of all the sentencing conditions shown in the arguments of this case, such as the fact that the defendant reflects the defendant's mistake, the defendant deposited three million won against the victim, the degree of injury to the victim, the fact that the defendant has not been much weighted, the defendant has no record of crime beyond the suspension of execution, the defendant's age, sex, environment, criminal records, criminal records, circumstances, methods of crime, and circumstances after the crime.