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(영문) 대전지방법원 2017.04.19 2017고단841

특수상해

Text

A defendant shall be punished by imprisonment for not less than eight 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 December 14, 2016, the Defendant: (a) committed assault to “C” restaurant located in Daejeon Middle-gu Daejeon on December 14, 2016, when drinking alcohol together with “C” D, which is a part of the victim D, the Defendant, without any justifiable reason, tried to use the victim’s face at a time, walking a bridge on the table, walking a dangerous object on the table, and taking two times the victim’s face, thereby causing injury to the victim, such as an inner dives, dives, salt, etc., which requires a treatment for about 14 days.

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes of the injury diagnosis 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. Article 62 (1) of the Criminal Act on the suspended execution;

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act for providing community service and attending lectures: The fact that it is against the nature of the crime that the injured person was inflicted on the injured person due to the main illness of the lawsuit, and that the injured person is not excessive;