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(영문) 청주지방법원 제천지원 2018.07.26 2018고단175
특수상해
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 13, 2018, the Defendant reported that “C” roads in front of the ‘C’ restaurant in Dacheon-si B on May 13, 2018, and that the victim D (35 Does) smokes, and “I see, h, h, young gue, h, su.

"Plaging the trial cost while putting the defendant into the damaged restaurant, and the victim brought the victim's disease, which is a dangerous object on the table, and brought the victim's left part of the victim's hand.

As a result, the Defendant inflicted an injury on the victim, such as an open room for the part in which treatment is necessary for about 14 days.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

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

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

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Where he/she commits a crime by carrying with himself/herself a deadly weapon or other dangerous articles, which is subject to a special aggravation of punishment in terms of punishment, from four months to one year and six months, in the basic area of the recommended punishment according to the sentencing criteria;

2. The sentence shall be determined as ordered by taking into account the following circumstances following the determination of sentence and other conditions of sentencing as shown in the records, such as the defendant's age, occupation, sex, family relationship, and circumstances before and after the commission of the crime.

Unfavorable circumstances: The nature of the crime and the circumstances of the crime are heavy, which are the main disease of a dangerous object, causing bodily injury to the victim.

The favorable circumstances: The mistake is recognized and reflected.

2,50,000 won shall be paid to the injured party and the injured party shall not be punished by the accused.

There is no record of the same crime.

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