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(영문) 청주지방법원 영동지원 2018.04.26 2018고단32
특수상해
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten 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(n, 48 years old) are neighboring areas.

On February 19, 2018, at around 14:15, the Defendant used the studio 403 under the influence of alcohol, which is the place of residence of the victim in Chungcheongnam-dong, Chungcheongnam-dong, Chungcheongnam-do.

The defendant demanded the victim to be cherpted, and the victim refused it, and the victim collected electric d'ty (55 cm in width, 28 cm in length), which is a dangerous object that he had been located there, and turned back two times back back to the back of the victim, the victim's face part, the victim's face part, and the breast part.

The Defendant continued to collect the safety appearance of metal materials, which are dangerous objects in the entrance, and continued to get off the victim, etc., head, and face.

Ultimately, the Defendant, using dangerous articles as above, inflicted injury on the victim, such as four or more cage cages, snow, and cages, which require approximately four weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement with respect to C and F;

1. A protocol of seizure and a list of seizure;

1. Application of internal investigation reports and accompanying documents, investigation reports (Evidence Nos. 15) and the Acts and subordinate statutes of the attached documents;

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, including observation of protection and community service 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 an act of assaulting the victim’s head, face, etc. on several occasions using electric pande and safety pande, which is an object dangerous to the Defendant, and the nature of the crime is heavy in light of the content, method, and risk of the crime.

The defendant shall inflict damage on the victim.

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