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(영문) 전주지방법원 2017.10.13 2017고단1470

특수상해

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

피고인은 2017. 5. 31. 21:00 경 전주시 완산구 C에 있는 ‘D 주점 ’에서, 피해자 E(61 세) 가 자신이 맡긴 돈을 돌려주지 않는다는 이유로 화가 나 위험한 물건인 맥주병으로 피해자의 머리 부위를 1회 때리고, 그 맥주 병이 깨지자 계속해서 다른 맥주병으로 피해자의 머리 부위를 1회 때리고, 피해자의 가슴 부위를 발로 수회 찼다.

As a result, the Defendant carried dangerous objects and inflicted bodily injury upon the victim who could not know the number of days of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution against the F;

1. A protocol concerning the interrogation of suspects of E;

1. Application of the photographic Acts and subordinate statutes;

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

1. According to Article 62(1) of the Criminal Act, the crime of this case was committed on the grounds unfavorable to the grounds of sentencing under Article 62(1) of the suspended sentence (see, e.g., Supreme Court Decision 2006Da1448, Apr. 1, 2006).

The favorable circumstances include the fact that the defendant recognized the crime of this case, that the degree of injury suffered by the victim is not much serious, that the defendant agreed with the victim, and that the defendant is the first offender.

In addition to the above circumstances and other circumstances, the Defendant’s age, sex, environment, motive, means and consequence of the commission of the crime, and the various sentencing conditions under Article 51 of the Criminal Act, such as the circumstances after the commission of the crime, shall be determined as per Disposition.