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(영문) 대전지방법원 서산지원 2018.08.16 2018고단513

특수상해

Text

A defendant shall be punished by imprisonment for six months.

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

On March 12, 2018, the Defendant: (a) on March 12, 2018, at the “C main point” located in Seosan City B; (b) together with the victim D(53) of the customer who was engaged in drinking alcohol on other tables; (c) took the victim’s face, which requires the company to go against the victim; (d) took the victim’s face, which is a dangerous object on the table, and took the victim’s head, took the victim’s head, and inflicted an injury, such as brain-dead, which requires approximately two weeks of treatment; and (e) took the victim’s head, took the victim’s head; and (e) took the victim’s head, was inflicted an injury on the victim, such as brain-dead.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A written statement prepared by E;

1. A written diagnosis of injury;

1. Application of statutes on field photographs;

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. The grounds for sentencing under Article 62(1) of the Act on the Suspension of Execution do not relax the nature of the crime of this case in light of the methods and results of the crime of this case. However, the punishment as set forth in the Disposition is determined by comprehensively taking account of the following factors: (a) the defendant's wrong recognition of the crime of this case; (b) the fact that the defendant has agreed with the victim; (c) the primary crime; and (d) the defendant's age, sex, environment, and circumstances after the crime