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(영문) 춘천지방법원 영월지원 2017.02.14 2016고단551

특수상해

Text

A defendant shall be punished by imprisonment for not more than ten 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 September 29, 2016, at around 21:30 on September 29, 2016, the Defendant: (a) brought an injury to the victim, such as two open boxes, where two weeks of treatment is required, on the ground that the injured party, while drinking alcohol together with the victim D (46 tax) and E, was involved in a conversation between the Defendant and E; (b) the damaged party, who was in the process of drinking alcohol, was suffering from a dangerous thing that he or she was in the process of conversation between the Defendant and E, was discharged once from the part of the victim’s quota, and caused the injury to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against D;

1. A medical certificate;

1. Application of the Acts and subordinate statutes of Chapter VIII to photographs taken on the spot and on the part of victims;

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. Based on the reasoning of sentencing under Article 62-2 of the Social Service Order Act, all the sentencing conditions indicated in the records and arguments of this case, such as the defendant's age, sexual conduct, environment, motive, means, method, and consequence of the instant crime, and the circumstances before and after the instant crime, shall be determined as ordered by taking into account the following factors: (a) unfavorable circumstances such as the poor quality of the crime in light of the tools and methods of the instant crime; (b) the number of criminal records and many criminal records of the same kind; (c) the victim does not want the punishment; and (d) the victim does not have any criminal records beyond the suspended sentence since 201