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(영문) 청주지방법원 충주지원 2016.05.13 2016고단104

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 became final and conclusive.

Reasons

Punishment of the crime

On January 4, 2016, the Defendant: (a) at C alcohol house located in Chungcheongnam-gun B, Chungcheongbuk-gun, around 00:30 on January 4, 2016; and (b) at C alcohol house in dispute with the victim D (42 tax), the Defendant was injured by the victim’s head by a small-scale disease, which is a dangerous object of the victim D (42 tax), one time the victim’s head was at the location; and (c) caused the victim’s injury, such as the 428-day head structural frame at the center.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

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

1. Circumstances unfavorable to the reasons for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act (wholly favorable to the reasons for sentencing): The circumstances that are favorable to the defendant's act of pricing the victim's head due to the small-scale illness are highly dangerous: The defendant recognized the crime and is in depth against the defendant; the defendant expressed his intention of not to punish the defendant by unanimous agreement with the victim; the damaged person expressed his intention of not to punish the defendant; the punishment is determined as ordered in consideration of all the above conditions of sentencing, such as the defendant's age, sex, environment, circumstances, means and consequence of the crime, etc.