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(영문) 의정부지방법원 2018.03.21 2017고단4626
특수상해
Text

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

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

Reasons

Punishment of the crime

The defendant is a person causing the company, the victim C (the age of 36), and the victim D (the age of 40) are teachers working at the elementary school of E, and the defendant's wife who is attending the above school was replaced by the defendant's husband's wife due to the case where the defendant's wife sleeped the victim's wife C, and at that time the school violence teacher at the above school was the victim D.

피고인은 2017. 7. 7. 21:35 경 포 천시 F에 있는 ‘G’ 치킨 집에 들어가 피해자들이 함께 술을 마시고 있는 것을 발견한 후, 위와 같은 이유로 피해자들에게 앙심을 품고 가게 밖으로 나가려는 피해자들을 향하여 위험한 물건인 유리 재질의 500cc 맥주잔을 던져, 벽에 맞고 튕겨 져 나온 맥주잔이 피해자 C의 허벅지에 부딪히고, 맥주잔이 깨어지면서 그 파편이 피해자 D의 허벅지에 부딪혔다.

As a result, the defendant laid a beer, which is a dangerous thing, and the victim C left the left-hand beer and left-hand beer and left-hand beer in need of treatment for about 10 days, and the victim D left the left-hand beer and left-hand beer in need of treatment for about 1 week.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by each police with respect to C and D;

1. Each injury diagnosis letter;

1. Application of the statutes on images of each photograph;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

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. Reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the following reasons for sentencing)

1. The scope of applicable sentences under law: Imprisonment for six months to five years; and

2. Non-application of the sentencing criteria: Offenses for which the sentencing criteria are not set; and

3. Determination of sentence: Imprisonment with prison labor for eight months and two-year conditions disadvantageous to a suspended sentence: The circumstances that are favorable to the extent that the crime is committed in light of the risk of the instrument and method of the crime: the agreement is reached smoothly with the victims.

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