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(영문) 대전지방법원 홍성지원 2016.09.06 2016고단387

특수상해

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On May 23, 2016, around 19:15, the Defendant collected the victim E (the aged 61) who was seated on the floor of the above Schlage in Bocheon-si, Bocheon-si, and caused the victim's face and body injury to the victim by gathering the chairer, which was a dangerous object of the victim's portable radio sound on the ground that the victim's portable radio sound was great.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and F;

1. Application of Acts and subordinate statutes to each on-site photograph and written diagnosis of injury;

1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. On the grounds of suspended sentence under Article 62(1) of the Criminal Act, the conditions of all the sentencing indicated in the records, including the Defendant’s age, character and conduct, environment, the circumstances before and after the instant crime, and the circumstances leading to the instant crime, shall be determined as set forth in the text.

A disadvantageous circumstances: A person who inflicts a serious injury by attacking a victim of an unclaimed state; the crime is bad in light of the details of the crime, the implements of the crime, the result of the crime, etc.; and the favorable circumstances that do not have any effort to recover from damage: A confession is made; the elderly and health conditions are not good; it is deemed difficult to check the state of detention; the dementia symptoms are deemed to have affected the crime of this case; there is no record of punishment exceeding the fine;