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(영문) 대전지방법원 서산지원 2018.06.14 2018고단218

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 February 6, 2018, the Defendant, at the D’s house located in Seosan City B around 15:10, on the ground that the injured party, while drinking alcohol together with D, gave a finite to the Defendant, caused the injured party’s head twice to the finite disease, which is a dangerous object at the finite, on the ground that the injured party, while drinking alcohol together with D, gave a finite to the Defendant, and caused the injured party’s injury to the victim, such as brain-dead, etc., which requires approximately two weeks of treatment.

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

Summary of Evidence

1. Partial statement of the defendant;

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

1. Each police statement made with respect to E and D;

1. A written diagnosis of injury;

1. Application of statutes on field photographs;

1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. The crime of this case for the reason of sentencing under Article 62(1) of the suspended sentence under the Criminal Act is not less than that of the defendant due to the injury of the victim caused by the defendant's head due to an empty illness. However, the crime of this case is not less than that of the defendant. However, the defendant's mistake is against the defendant, the victim's injury is not much weighted, the injured party does not want the punishment of the defendant by agreement with the victim, the case is contingent, the defendant has no criminal record for the same kind of crime, and other various sentencing conditions specified in the records and trial process, such as the circumstance of the crime of this case, relationship with the victim, and the circumstances after the crime, etc., shall be determined by comprehensively taking into account the following factors.