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(영문) 청주지방법원 제천지원 2018.10.11 2018고단154

특수상해

Text

A defendant shall be punished by imprisonment with prison labor 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 April 13, 2018, at around 17:20, the Defendant, on the side of the victim E (the 59 years old) who was drinking boomed on the side, on the ground of the main disease, which is a dangerous object, in the “D cafeteria” located in Seocheon-si C, without any special reason, and caused a breath injury to which the number of days of treatment cannot be known.

Summary of Evidence

1. Each legal statement of witness E and F;

1. Application of Acts and subordinate statutes concerning a medical record and a receipt of medical expenses;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Reasons for sentencing under Article 62-2 of the Criminal Act, such as observation of protection and community service and order to attend lectures;

1. Six months to two years from the date of imprisonment for the basic area of the recommended punishment according to the sentencing criteria; and

2. The sentence shall be determined as ordered by taking into account the following circumstances following the determination of sentence and other conditions of sentencing as shown in the records, such as the defendant's age, occupation, sex, family relationship, and circumstances before and after the commission of the crime.

Unfavorable circumstances: A person has been sentenced to imprisonment with prison labor for 10 months due to a violation of the Punishment of Violence, etc. Act in 200 and a crime of assault.

There is a record of being sentenced to a fine for an injury in 2010, a fine for an assault, and a fine for an injury in 201.

It is a small-scale disease, which is a dangerous object without any particular reason, to get off the body of the victim, and the nature of the crime and the circumstances are bad.

A person who was unable to receive an explanatory note from the injured party.

The favorable normal conditions: The mistake is recognized as a kind of error.

The degree of injury is not heavy.