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(영문) 대전지방법원 홍성지원 2016.05.03 2015고단1026

특수상해

Text

A defendant shall be punished by imprisonment for one year.

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 September 1, 2015, at the main point of "D," located in B, B, and around 23:30, the Defendant collected the beer disease, which is a dangerous object on the table table, from the left hand of the victim, on the ground that the victim E (30) and drinking, who is a workplace charged, are bad, and the nick, she laid the head part of the victim at one time to the victim, and laid down about two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Investigation report ( telephone conversations with witnesses);

1. On-site photographs;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the defendant was the head of the victim due to beer's illness, and the method, degree, danger, etc. of assault is not exceptionally imposed in light of the method, degree, danger, etc. of assault.

Nevertheless, the defendant did not reach an agreement with the victim, and the victim wanted to be punished for severe punishment, which is disadvantageous to the defendant.

However, the defendant confessions the crime of this case and reflects it, and has no record of punishment exceeding a fine (total of four times, the same kind of punishment).

In addition, there are circumstances that can be considered in the background of the occurrence of the instant crime, such as disregarding the horses of the private criminal defendant, and the injury of the victim is not too serious.

The Defendant deposited KRW 2.5 million in order to recover the damage of the victim.

Considering these circumstances favorable to the defendant, and comprehensively taking into account the defendant's age, sex, environment, circumstances surrounding the crime, and circumstances after the crime, the punishment as ordered shall be determined.