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(영문) 청주지방법원 2019.09.19 2019고단1420

특수상해

Text

A defendant shall be punished by imprisonment for not less than eight months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 31, 2019, the Defendant: (a) around 06:15, at C University Students' Center of the fourth floor located in B, Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si, the victim D (31 years of age) followed the Defendant’s violent behavior; (b) was frightened to the victim’s inner part of the victim’s body; (c) was knee and kneed to the victim’s upper part of the body; (d) was kneed to the victim’s knee; and (e) was kneed to the head of the victim’s body.

The Defendant, by using dangerous articles as above, abused the victim, thereby causing bodily injury to him, such as the cutting of luminous bones, bones, and flachisium, which requires approximately three weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Each police statement of E and D;

1. Each injury diagnosis letter;

1. Application of Acts and subordinate statutes to investigation reports (on the spot ctv image, etc.), investigation reports (on the spot ctv image, etc.), and photographs attached thereto;

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 for discretionary mitigation;

1. Circumstances unfavorable to the sentencing under Article 62(1) of the Criminal Act: The conditions that are favorable to the nature of the crime shall be determined as per the disposition, taking into account the circumstances, such as the background and method of the crime, and the results thereof, and the circumstances that are favorable to the nature of the crime: the first offender, the circumstances that are divided and reflected in the crime, the victim and the victim have agreed smoothly ( September 16, 2019) and all other circumstances that are conditions for the sentencing, such as the defendant's age, character and behavior, the environment, and the conditions before and after the crime, etc.