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(영문) 대전지방법원 2018.04.25 2017고단4397
특수상해
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On March 29, 2017, the Defendant was sentenced to a suspended sentence of six months for a violation of the Military Service Act by the Daejeon District Court on March 29, 2017, and the judgment became final and conclusive on April 6, 2017, and is still under the suspended sentence.

Criminal facts

The Defendant is a space between the victim C (n, 18 years of age) and the victim from April 2016 to July 2017.

The Defendant: (a) on August 13, 2017, on the ground that a person who was injured by the Defendant in Seo-gu Daejeon, Seo-gu, Daejeon DBL 302 flick the Defendant’s right to back and drink, and locked at the house, the Defendant “in contact with the Defendant, and flick the Defendant’s right to back and drink.”

Does not have been made; and

The defendant expressed his bath as "h.h. of the same year in the same year, the head and face part of the victim can be kneek with the victim's hand, continued to be knekeled with the victim, and followed up two parts of the victim's right by the container, which is a dangerous object, with two earbucks, which require approximately two weeks of treatment of the victim, and followed up two images of ear, such as the damage of ear character, sp., sp., and sp.s.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

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

1. The reason for sentencing under Articles 258-2(1) and 257(1) of the Criminal Act regarding criminal facts is against the defendant, and the victim does not want punishment, and there are favorable circumstances.

However, the instant crime was committed against a female-friendly job offers victim, and the Defendant also made a mistake in the investigation agency as to the victim, and thus, made a statement as if he were justifiable, and still made a vindication to the effect that there is such motive in the instant crime, but such motive has been considered.

In addition, the crime of this case was committed during the current suspended execution period.

In addition, the punishment as ordered shall be determined by comprehensively taking into account the various sentencing conditions shown in the records, such as the defendant's age, occupation, family relationship, sex, environment, and circumstances before and after the crime.

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