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(영문) 춘천지방법원 원주지원 2016.04.26 2014고단740

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 July 23, 2014, the Defendant: (a) around 15:30 on July 23, 2014, at D main points located in Gangwon-si, and (b) while drinking together with the victim E (46 tax) on the part of the Defendant, the Defendant was suffering from her disease, which was a dangerous object in the table, with the victim’s verbal dispute with the victim.

Accordingly, the defendant carried dangerous objects and carried them to the right side where the number of days of treatment can not be known to the victim.

Summary of Evidence

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. A protocol concerning the interrogation of suspects of E;

1. Reporting on the arrest of a case;

1. Application of statutes on site 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 reason for sentencing under Article 62(1) of the Criminal Act was that the defendant's behavior was a dangerous factor that could cause serious injury to the victim.

However, the defendant reflects the wrong and agreed with the victim.

The punishment shall be determined as ordered by taking into account such circumstances and the defendant's age, occupation, sex, the details of the crime, and the circumstances after the crime.