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(영문) 대전지방법원 공주지원 2018.04.27 2018고단24

특수상해

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On September 18, 2017, around 12:10, the Defendant: (a) reported the Victim F (80 taxes) to take this night at night; and (b) mistaken the Defendant’s own night to take the night on September 18, 2017; and (c) mislead the Defendant to believe that the Defendant would take the night at another place.

The victim referred to as “the victim is going to go off in and around the mountain, not from the Silsan,” and when she tried to go out of the match, plucks up the victim’s arms, plucks up the victim’s side, 3-4 times the victim’s side gate, 3-4 times the victim’s stone, which is a dangerous object located on the ground floor, and caused the victim to go up on the floor of the mountain path.

As a result, the Defendant inflicted bodily injury on the victim, such as a two-time open wound (3 cm) in need of two-time medical treatment, in consideration of the victim's dangerous things.

Summary of Evidence

1. Legal statement of witness F;

1. An injury diagnosis certificate (F);

1. A CD in which the injured party's child G mobile phone call is stored;

1. Application of Acts and subordinate statutes to photographs of an injury inflicted on the scene and victims;

1. Circumstances unfavorable to the sentencing of Articles 258-2(1) and 257(1) of the Criminal Act regarding criminal facts: A majority of criminal offenses were committed, and recidivism was committed during the suspended sentence period.

It is not good to commit a crime as an offense against elderly victims.

The degree of injury is relatively weak.

In addition, the defendant's age, sex, environment, occupation, family relationship, motive and consequence of the crime, circumstances after the crime, etc. shall be comprehensively considered, and the punishment as ordered shall be determined by taking into account the various sentencing conditions shown in the trial process.