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(영문) 대전지방법원 서산지원 2018.11.21 2018고단284

특수상해

Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

At around 20:30 on December 29, 2017, the Defendant: (a) heard the horses of the Defendant’s “D” operated by the Defendant’s female living together in Seocho-si B; (b) sought a disturbance from C; and (c) sought a mobile phone from the victim E (45 years of age) and sought the said mobile phone; and (d) brought about a dispute with the victim again, the Defendant was pushed the victim with the victim; and (c) taken three times the head of the victim’s body into the beer disease, which is a dangerous object, and took three times the victim’s face from the beer going beyond the floor; and (d) took part in the victim’s face, the Defendant took care of the victim for about four weeks, and laid down the inner wall and the inner wall.

Summary of Evidence

1. Partial statement of the defendant;

1. Witness E;

1. Statement made by the police for E;

1. Application of statutes 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. Article 62 (1) of the Criminal Act on the suspended execution;

1. Other factors such as the Defendant’s age, sexual conduct, environment, and circumstances leading to the crime, including the fact that the Defendant used dangerous objects with reason for sentencing under Article 62-2 of the Social Service Order Criminal Act, the victim’s compensation or no agreement has been made, the victim’s additional suffering has been made by denying part of the crime, and the victim’s additional suffering has no previous convictions that may be considered in sentencing, etc., shall be determined as the same as the order.