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(영문) 대전지방법원 논산지원 2018.09.14 2018고단191

특수상해

Text

A defendant shall be punished by imprisonment with prison labor for up to 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

【Criminal Records of Crimes】 On March 23, 2018, the Defendant was sentenced to a suspended sentence of two years on the 31st of the same month to imprisonment with prison labor for a special injury in the official order branch of the Daejeon District Court, and the judgment became final and conclusive.

【Criminal facts】 On February 17, 2018, the Defendant, at around 23:50 on February 17, 2018, was under the influence of “D” located in Chungcheongnam-gun, Chungcheongnam-nam, and went through a studio that drinks, such as the Victim E ( South, 49 years of age), and she was under the influence of drinking.

F. F. F. F. Doesher, “?”

The Defendant saw that “I will die”, as the Defendant saw that I am under the influence of alcohol while drinking and that I am to the effect that I am “I will die.” In the process of the victim’s restraint, I am under the influence of the Defendant am under the influence of alcohol, and am under the influence of “I will die.” In the process of the victim’s restraint, I am under the influence of the Defendant am under the influence of two weeks on the left hand in need of two weeks of treatment.

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to G, E, and H;

1. Statement of opinion;

1. A protocol of seizure and a list of seizure;

1. Previous convictions in judgment: References to inquiries, such as criminal history, investigation reports (formers and confirmations), and application of the text of the judgment;

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

1. The first sentence of Article 39 (1) of the Criminal Act concerning the treatment of concurrent crimes: Provided, That the first sentence of Article 37 (1);

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. In full view of the circumstances and details of the instant crime, previous convictions, etc., there is a habit that the Defendant drinks alcohol, taking into account the protection, observation and treatment order, Article 62-2 of the Criminal Act, Article 44-2 of the Medical Treatment, Care, Custody Act, etc. Act (the Defendant’s crime of this case, and the details thereof, and criminal records;

The reason for sentencing is not to apply the sentencing criteria to single concurrent crimes after Article 37 of the Criminal Code for the reason of sentencing.