(영문) 전주지방법원 2017.10.11 2017고단1362

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(영문) 전주지방법원 2017.10.11 2017고단1362

특수상해

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

At around 23:30 on May 25, 2017, the Defendant: (a) took a horse dispute with the victim D, who performed drinking together at his/her own residence in Seojin-gu, Seojin-gu; (b) took the victim’s back one time to an empty baby, which is a dangerous object; (c) took a tree stop, which is a dangerous object for the victim to report his/her physicalization outside his/her own house in the future; and (d) avoided the victim’s head and husium; and (e) avoided the victim’s head and husa; and (e) taken out outside the house to request the victim’s help; (e) took a flag and back the flag of the victim’s head and husa; and (e) took part in the house; and (e) took part in the flag of the victim’s head and husa; and (e) took part in the flag, and (e) took part in the flag for about six weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution with regard to D;

1. Statement made by the police for E;

1. A medical certificate;

1. On-site photographs of the case;

1. Application of Acts and subordinate statutes governing the 112 Reporting Case Handling List;

1. The punishment of Articles 258-2(1) and 257(1) of the Criminal Act regarding criminal facts was imposed by assaulting a victim for the reason that the defendant cannot be able to understand, and the degree of the injury also does not apply to the degree of the injury;

Nevertheless, in consideration of the circumstances such as the fact that the injured party is punished for the defendant because he/she is not agreed with the injured party, and that the accused has a history of punishment for the same kind of crime, a sentence shall be sentenced to the defendant strictly.

On the other hand, it is decided as per Disposition by comprehensively taking into account all the favorable circumstances such as the defendant's late commission of the crime, the defendant's age, occupation, sex and environment, relationship with the victim, motive and circumstance of the crime, means and consequence, etc., and the conditions of sentencing, such as the circumstances after the crime, etc., which are the conditions of punishment.

참조조문

-형법 제257조 제1항

-형법 제258조의2 제1항

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