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(영문) 청주지방법원 제천지원 2016.08.11 2016고단132
특수상해
Text

Defendant

A shall be punished by imprisonment with prison labor for six months and by imprisonment for six months.

However, this decision is delivered to the Defendants.

Reasons

Punishment of the crime

1. On April 3, 2016, Defendant A: (a) around 22:05, the Defendant her head was her head with an empty beer who was a dangerous object on the table, and was her head on one occasion, on the ground that the Defendant her drinking alcohol with the victim B (n, 60 years of age) while drinking alcohol with the victim B; and (b) her drinking alcohol from the victim, “I am under the influence of alcohol, I am under the influence of alcohol”.

As a result, the defendant suffered double heat and dynamics that require treatment for about 14 days to the victim.

2. Defendant B left the victim’s head one time with an empty beer who was a dangerous object on the table at the place where the victim A (n, 53 years of age), on the ground that the head was taken one time from the victim A (n, e.g., the Defendant 53 years of age) at the time and place described in paragraph (1).

As a result, the Defendant got two scopics in need of treatment for about 14 days.

Summary of Evidence

1. Defendants’ respective legal statements

1. Application of Acts and subordinate statutes to internal investigation reports and investigation reports (a reply to the commission of the details of medical treatment);

1. The Defendants of the relevant legal provisions concerning criminal facts: Articles 258-2 (1) and 257 (1) of the Criminal Act;

1. Defendants to be mitigated in small amount: Articles 53 and 55(1)3 of the Criminal Act (the following favorable circumstances among the reasons for sentencing);

1. The Defendants are subject to suspended sentence: The following conditions of sentencing on the grounds of sentencing under Article 62(1) of the Criminal Act (recognisive consideration of the reasons for sentencing as set forth below) and other conditions of sentencing as set forth in the records, including the Defendants’ age, occupation, sex, family relation, and circumstances before and after the commission of the crime, shall be comprehensively taken into account.

The fact that there is a high risk of action, and that the defendants do not want punishment by mutual consent.

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