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(영문) 대전지방법원 천안지원 2016.11.10 2016고단1714
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 became final and conclusive.

Reasons

Punishment of the crime

On August 5, 2016, at around 20:30 on August 20, 2016, the Defendant brought the victim's head at one time to the small-scale illness, which is a dangerous object to the victim's horse, and caused the victim to put in dispute between the victim E (ma), 58 years of age, and 3 years of age, and the victim's head at one time to undergo treatment in the number of days of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. E’s writing;

1. Application of video Acts and subordinate statutes to the scene of the case and photographic materials of damaged parts;

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

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (i.e., circumstances favorable to the following reasons for sentencing):

1. The reason for the suspended sentence under Article 62(1) of the Criminal Act (recognition of favorable circumstances among the reasons for sentencing) is the main illness, which is a dangerous object of the defendant, prices the victim's head and the case is heavy, and the victim's head is not deemed to be minor, such as having blood transfusion on the upper part of the body, and the victim is sent back to the hospital and received treatment. The defendant has been sentenced five times a fine due to violent crimes. Meanwhile, the defendant agreed smoothly with the victim, the defendant has no record of criminal punishment exceeding a fine, and the defendant has no record of being sentenced to a fine, and it is against the defendant's age, character and conduct, environment, etc., and the sentencing conditions shown in the arguments of this case are determined as above.

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