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(영문) 대전지방법원 2018.05.04 2018고단87

특수상해

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

An applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

On November 23, 2017, the Defendant, at the main point of “D” located in Daejeon-dong, Daejeon-gu, Daejeon-gu, with alcohol, was under the influence of alcohol to a female of the injured party B, while the Defendant was under the influence of alcohol, and the Defendant was under the influence of singing at low.

The phrase “” collected one beer’s disease, which is a dangerous object in the table, from which he saw the body of the victim’s coke, and continued to set the beer’s disease toward the part of the victim’s head, and caused injury to the victim, such as a non-pelle’s frame (closed) that requires treatment for about 30 days, head, and other open part of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of B’s written statements, diagnosis certificates, death diagnosis certificates, relevant photographs, and statutes governing damaged photographs;

1. Articles 285-2 (1) and 257 (1) of the Criminal Act applicable to the facts constituting an offense;

1. If a defendant excludes a home protection case for sentencing reasons under Article 32(1) and Article 25(3)3 of the Act on Special Cases Concerning the Promotion, etc. of Lawsuits, etc. of Dismissal of Application for Compensation, the fact that the defendant has no same criminal record is favorable.

However, the Defendant shall be punished by imprisonment, taking into account the following factors: (a) the Defendant did not make every effort to recover damage even though the instant damage was not written; (b) the method of crime is dangerous and not good; (c) the fact that the Defendant appears not to reflect the Defendant’s mistake in the course of investigation or trial; and (d) the Defendant shall be punished by imprisonment, taking into account the following factors: the Defendant’s age, sexual behavior, environment, and circumstances