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(영문) 청주지방법원 영동지원 2018.05.10 2017고단187
특수상해
Text

A defendant shall be punished by imprisonment for not less than eight 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

The defendant and the victim C(37 years) are marital relationships.

On October 2, 2017, around 00:45, the Defendant inflicted injury on the victim, such as “an open wound, such as snow grass and snow around the snow grass and snow area, crocco, mouth, mouth, oral mouth, etc.,” which requires approximately three weeks of treatment on the part of the victim, where the victim was able to fright to fright and fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Superior and field photographs;

1. Certificates related to marriage;

1. Application of Acts and subordinate statutes to medical treatment;

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

2. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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

4. Reasons for sentencing under Article 62-2 of the Criminal Act on the observation of protection and attendance order;

1. As to whether the sentencing criteria are applied or not, the sentencing criteria are not yet prepared for special injuries provided for in Article 258-2 of the Criminal Act newly established on January 6, 2016.

2. Determination of sentence (unfavorable circumstances) of the instant crime is that: (a) the Defendant committed the instant crime with an empty bottle, which is a dangerous object, with the victim’s back water level at one time; and (b) continuously inflicted an injury on the victim by proneing the shoulderer’s disease toward the victim; and (c) the nature of the crime is heavy in light of the details and details of the crime, its danger, etc.

The accused has been subject to suspended sentence of imprisonment or a fine due to violent crimes.

[The favorable circumstances] The Defendant was committed by committing the instant crime, and his mistake was divided, and expressed the intent of treatment for alcohol dependence.

As the defendant agreed with the victim, the injured person does not want to punish the defendant.

(2).

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