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(영문) 춘천지방법원 강릉지원 2018.02.08 2017고단1382

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

On October 11, 2017, the Defendant committed assault to the victim C (39 taxes) in around 01:40 on the ground that the victim C (39 taxes) b 207 drinking alcohol, thereby drinking alcohol, and drinking the victim’s flab, pushed or flacing the bage, breaking the victim’s body, breaking the victim’s disease, which is a dangerous object at the same time, and breaking the victim’s flab on one occasion, and breaking the victim’s flab on one occasion with the victim’s flab, etc., and committed assault to the victim by assaulting the victim at around three weeks of the head’s flabing part in need of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspect C by the police;

1. A medical certificate;

1. Investigation reports (on-site photographs) and investigation reports (Attachment to photographs of the suspect C above the upper part of the suspect C);

1. Application of Acts and subordinate statutes to report on investigation (a statement of opinion to suspect C and attachment of emergency records);

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. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act: In light of the fact that the nature of the crime is not good in light of the implements of the crime and the risk of the method of the crime, the circumstances favorable to the victim's failure to repay the damage: recognition of and reflects his mistake, and there is no record of committing violent crimes since 1997, and other factors, such as the defendant's age, sexual behavior, environment, motive and means of the crime, circumstances after the crime, etc., the punishment as ordered shall be determined by taking into account all the various sentencing conditions specified in the trial process and the records of this case