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(영문) 청주지방법원 영동지원 2017.09.21 2017고단78
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 becomes final and conclusive.

Reasons

Punishment of the crime

Around 07:40 on May 20, 2017, the Defendant: (a) was in dispute with the victim D (37 taxes) before the 'C' office located in the Chungcheongbuk-gun B, Chungcheongnam-dong; (b) was in dispute with the victim D (37 Does) and before the 'C' office, on the ground that the victim was able to take a bath; (c) was fluordding down the bar ( approximately 90 cm in length, approximately 2.5 cm in diameter), which is a dangerous object around the port; and (d) flussing down the bar ( approximately 90 cm in length, approximately 2.5 cm in diameter) which is a dangerous object around the port; and (e) flusing the victim's head and body with his head and body on one occasion, and caused the victim's injury, such as a bottle, without an open room for treatment for about two weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Stick photographs;

1. Each injury diagnosis letter;

1. Application of CCTV-related Acts and subordinate statutes;

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. Reasons for sentencing under Article 62 (1) of the Criminal Act of the suspended execution.

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 that the Defendant inflicted an injury on the head, etc. of the victim of the relevant tree, which is a dangerous thing, and the nature of the instant crime is not somewhat weak in light of the method and risk of the crime.

The defendant was unable to receive a letter from the injured party.

[ favorable circumstances] The Defendant was committed by committing the instant crime, and his mistake is divided.

The defendant seems to have committed a contingent crime because he or she takes a bath for a young victim.

The degree of injury suffered by the victim was not significant.

I seem to appear.

In addition to the punishment of the defendant for suspended execution in 1987 and a fine of three times by 2007, there is no record of other crimes.

In addition, the defendant's age and reputation, character and behavior.

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