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(영문) 청주지방법원 2018.05.31 2017고단2357

특수상해

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

From the end of 2014, the Defendant and the victim C (the age of 56) were the persons who lived together with the Defendant and the victim (the age of 56) from the end of 2014, Cheongju-si, U.S., a residence of the victim, DBD 203.

Around 23:00 on May 23, 2015, when the Defendant was found a mobile phone from the victim, the Defendant heard the horses from the victim to “on the same side of the vehicle,” and without any reason under the influence of alcohol, taken the victim’s buck at a time, breath of the victim’s body, boomed the victim’s breath by using the victim’s head head , and breath of the victim’s body, boomed the victim’s breath by using the victim’s buck at hand, and boomed the victim’s breath of the material of trees, which is a dangerous object in the room, with the victim’s breath of the victim’s body.

As a result, the Defendant used dangerous things to put the victim with a scarcity (T7 and T8) that requires approximately four weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes of a medical certificate;

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. Since it does not fall under Article 258-2(1) of the Criminal Act among the sentencing guidelines for the crime of violence in the reason of sentencing under Article 62-2 of the Social Service Order Act, the sentencing guidelines should not be separately explained. In full view of the following circumstances and other conditions of sentencing recorded in the records, such as the defendant's age, occupation, sex, family relationship, and circumstances before and after the crime, the punishment shall be determined as ordered.

The crime of this case is committed by a man living together with the victim living together with the victim, who is a dangerous object of the defendant, and the quality of the crime is not good, the victim's bodily injury is confessioned and contradictory, there is no record of punishment more than suspended execution, and the victim has been smoothly agreed with the victim.