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(영문) 대전지방법원 천안지원 2016.05.19 2016고단230

특수상해

Text

A defendant shall be punished by imprisonment for not less than eight 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 January 30, 2016, the Defendant: (a) 101 Dong-dong B apartment 1209, Nam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Yancheon-gu, had the victim and the horse fighting with the victim under the influence of alcohol while drinking with company fees, such as the victim D (in South and the age of 33), and had the victim go beyond the floor, and caused the victim to go off with knife the head of the victim due to the beer's disease, which is a dangerous object.

As a result, the Defendant carried dangerous things with the victim and inflicted injury on the victim, which requires approximately two weeks of medical treatment, such as an ad hoc dynasium and an open wound.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the suspect of each police officer against the defendant or D;

1. Each police statement made to D or E;

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. It focuses on the case in light of the facts of the crime for sentencing under Article 62(1) of the Criminal Act: Provided, That it shall be taken into consideration the fact that a person who was under the influence of alcohol commits a contingent crime, the fact that the victim and the victim have agreed smoothly, the fact that the defendant's age, sex behavior, circumstances after the crime, etc.