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(영문) 청주지방법원 2017.10.26 2017고단1268
특수상해
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 22, 2017, the Defendant: (a) drinks alcohol with the victim D (53 tax) in the C cafeteria located in Cheongju-si, Cheongju-si, Cheongju-si, and (b) the victim, who is more than the Defendant, does not speak against the Defendant.

At the same time, each other becomes able to take a bath.

In addition, the injured person avoided the Defendant, thereby leading the Defendant to the restaurant, and the Defendant collected the beer, which is a dangerous object on the tables, and followed by the victim.

As a result, the Defendant carried a beer, which is a dangerous thing, and inflicted an injury on the victim, such as a head cover of about 14 days of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

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

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

1. The elements of sentencing unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The nature of the crime that inflicts bodily injury on the victim’s head by citing dangerous objects is pleasure. It appears that there is a problem with the Defendant’s drinking habits, such as the Defendant’s history of being sentenced to a fine due to the act of violence and the driving of drinking, etc., and that there is no criminal conviction above the fine. Recognizing the victim’s fault, it appears that there is no criminal conviction above the fine. Recognizing the sentencing conditions under Article 51 of the Criminal Act, the sentence is set as the order

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