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(영문) 청주지방법원 2019.07.18 2019고단907
특수상해등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On February 20, 2019, at around 00:05, the Defendant: (a) heard the victim’s words “D” from the main point of “D” operated by the Victim C (A, who is the 53 years of age) of the Cheongju-si, Cheongju-si, about whether he/she would drink with two alcohols; and (b) heard the victim’s horses; (c) holding three beer soldiers, which are dangerous objects on the table table, were collected to fit for the head of the victim; and (d) gathering several beer bottless at the entrance of the said main point.

As a result, the Defendant committed an injury to the victim, which requires approximately three weeks of medical treatment, and obstructed the victim's main duties by force.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Each police statement of C and E;

1. Photographs of the damaged site, and the F between the injured and the suspect;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant provisions of the Criminal Act and Articles 258-2 (1), 257 (1) and 314 (1) of the Criminal Act concerning the crime (the point of interference with business and the selection of imprisonment with labor);

1. From among concurrent crimes, the sentence of imprisonment with prison labor is inevitable for the defendant, in light of the following: (a) the reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act: (b) the nature of the crime in this case is very not good; (c) the victim appears to have received a large mental and physical shock due to the crime in this case, such as the victim’s tearing injury with his head, fit with the beer’s disease; (d) the damage recovery has not yet been made up until now; and (e) the defendant repeated several times after having been punished for the same or a different type of crime.

However, the fact that the defendant recognizes all of the crime of this case and reflects it, and all other circumstances that serve as conditions for sentencing, such as the age, character and conduct, environment, and circumstances before and after the crime.

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