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(영문) 청주지방법원 영동지원 2016.09.01 2016고단105
특수상해
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On July 11, 2016, at around 15:30 on July 11, 2016, the Defendant collected spawn’s disease, which is a dangerous object on the table of the table table for the victim E (55 years old) who drinked alcoholic beverages at one time without any justifiable reason, and inflicted injury on the victim, such as brain spathy, in need of medical treatment for about 14 days.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of the E, F, and G;

1. A written diagnosis of injury;

1. Application of the Acts and subordinate statutes for photograph explanation;

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

2. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act (hereinafter referred to as the following grounds for sentencing).

1. The sentencing criteria are not yet established for special injury crimes provided for in Article 258-2 of the Criminal Act, which was newly established on January 6, 2016, as to whether the sentencing criteria are applied.

2. The Defendant, who was sentenced to sentence, committed the instant crime, took the time of his mistake, and tried to recover from damage by depositing certain money for the victim in the instant trial process.

In addition, even if the treatment period of the injury caused by the instant crime is about 14 days, it is not too serious.

It seems that the defendant's health conditions are not good due to many diseases.

On the other hand, the crime of this case, however, is likely to inflict an injury on the victim's head, which is a dangerous object, at the place where the defendant drinks alcohol without any justifiable reason, by gathering the disease, which is a dangerous object, and thereby inflict an injury on the victim's life and body, and thus, the crime of this case and the crime of this case are heavy.

Furthermore, the victim is punished for the defendant because the defendant did not receive a letter from the victim.

In addition, the defendant has already been punished for both violent crimes.

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