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(영문) 전주지방법원 2017.06.29 2017고단528
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 became final and conclusive.

Reasons

Punishment of the crime

The Defendant, at around 11:40 on September 6, 2016, performed this alcohol at the floor inside the Defendant’s residence located in Kim Jong-si, Kim Jong-si, and tried to take out the Defendant’s money, hearing the Defendant’s money to frighten alcohol, and going out of the Defendant’s frighter, he would throw away from the Defendant’s frighter.

“A person who is a sounder, or a person who is a dangerous object cited by the victim, has taken the head of the victim one time by cutting the victim’s body, and then has tightly broken the victim’s body in his/her hand, and caused injury to the victim, such as the number of days of treatment, by taking the victim’s face into several times due to drinking and shot.

Summary of Evidence

1. Statement by the defendant in court;

1. Field of damage and photographs of damaged parts;

1. 112 Application of Acts and subordinate statutes to the details of handling reported cases;

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. There is a lot of need to strictly punish the Defendant in that it did not inflict an injury on a large baby who is a relative living together with the reason for sentencing under Article 62(1) of the Criminal Act, and there is a lot of risk of an act.

However, there are favorable sentencing conditions such as: (a) the victim, under the influence of alcohol, attempted to restrain the Defendant from committing the instant crime because her mother was fluorily fluoring the Defendant’s fluor with his own interest Defendant’s fluor, and threatening him to commit the instant crime; (b) the victim did not have much weighted degree of injury; and (c) the victim did not want the Defendant’s punishment; and (d) the Defendant was only

In addition to these circumstances, the amount of punishment shall be mitigated in consideration of various sentencing conditions, such as the defendant's age, sex, environment, etc., and the sentence shall be determined as ordered.

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