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(영문) 대전지방법원 천안지원 2017.08.24 2016고단1498

특수상해

Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

On July 18, 2016, at around 19:30, the Defendant: (a) in front of the “D” convenience store located in Seo-gu, Seo-gu, Seocheon-gu, Seocheon-gu; (b) during the process of talking with the president of convenience store and the victim E (55 years) sold the victim’s face twice as drinking; (c) the victim’s head was taken one time due to an empty beer disease; and (d) the victim’s head was flicker, which is a dangerous object, suffered injury on the part of the victim’s flick number of days of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to photographs of damaged parts, data on site photographs, and data on site 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. The sentencing grounds of Article 62(1) of the Criminal Act under Article 62(1) of the suspended sentence are inferior to the nature of the crime such as inflicting bodily injury on the victim by using dangerous things, there are several records of punishment due to violent crimes, on the other hand, recognizing and opposing the defendant's mistake, and the victim does not want the punishment of the defendant, and other various sentencing conditions such as the defendant's age, sexual conduct, environment, motive, means and consequence, etc. after the crime are considered comprehensively and determined as ordered.