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(영문) 춘천지방법원 강릉지원 2018.03.08 2017고단1487

특수상해

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 22, 2017, the Defendant, at around 22:20 on November 22, 2017, performed drinking together with the victim D(36 tax) at the 4th place in the East Sea, the Defendant gave advice to the victim to help the mother’s mother’s distribution business, but, on the other hand, the victim “I interfere with the other side’s work.”

“I have heard the word “,” and she had a beer’s disease, which is a dangerous thing in that place, left the head of the victim.

As a result, the Defendant carried dangerous things and inflicted bodily injury on the victim, which requires approximately one week medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of the relevant Acts and subordinate statutes to photographs and related photographs (victims' photographs on the parts of damage D);

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. An unfavorable circumstance for sentencing under Article 62(1) of the Act on the Suspension of Execution: A favorable circumstance in which the nature of the crime is not good in light of the risk of commission of the crime and the method of the crime: The degree of injury of the victim is insignificant and the victim is smoothly agreed with the victim; there is no record of punishment for violent crime; the defendant's age, sexual behavior, environment, motive and means of the crime, and circumstances after the crime, etc., shall be determined as per the order, taking into account all the various sentencing conditions in the process of the trial and the records of the case and the trial.