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(영문) 대전지방법원 천안지원 2016.10.18 2016고단552
특수상해
Text

A defendant shall be punished by imprisonment for 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

At around 03:10 on January 1, 2016, the Defendant sent the so-called ‘D' located in Seodaemun-gu, Seocheon-gu, Seocheon-gu, Incheon, ‘D' to the victim E (n, 31 years of age) who is an employee, but the victim refused to do so. However, on the ground that the victim refused to do so, the Defendant placed the victim's joint blue part of the victim's joint blue part one time, which is a dangerous object on the blue part of the blue, and caused damage to the victim's back head and the flue part of the flue part of the victim's joint 14 days of treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of witness E;

1. Protocol concerning the examination of each police suspect against the defendant or E;

1. Each report on investigation;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate (No. 9 of the evidence list);

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 for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Probation Criminal Act is that the defendant repeats the crime despite the same criminal records and denies the crime.

In light of the fact that the degree of injury of the victim is relatively heavy, and the defendant seems to have suffered from the injury at the time, the punishment shall be determined as per the order.

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