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(영문) 청주지방법원 제천지원 2018.06.21 2018고단107
특수상해
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

At around 01:50 on March 15, 2018, the Defendant asserted with the victim during the dispute with the victim, on the ground that the Defendant demanded the victim to return to the house of the victim E (22 years of drinking together with his/her her friend) who drinking together with his/her friend and drinking together with his/her friend, and that he/she used the kitchen (29.5cm in length, 17.5cm in length, 17.5cm in length) which is a dangerous thing in his/her friend in his/her friend, and displayed the victim with his/her friend with his/her friend, which is another dangerous thing in his/her friendenda (30cm in length, 18cm in friend and friend).

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police to F and E;

1. A written diagnosis of injury;

1. Seizure records;

1. Application of statutes on site photographs;

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

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. The grounds for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the reasons for sentencing as set forth below) and other conditions of sentencing as set forth in the records, including the Defendant’s age, occupation, sex, family relation, and circumstances before and after the commission of the crime, shall be determined by taking into account the following circumstances.

Unfavorable circumstances: A dangerous kitchen knife the kitchen, which causes an injury to the victim's hand and face, etc., and the nature of the crime and the circumstances are hot.

The favorable circumstances: The mistake is recognized and reflected.

The mental problem with the defendant seems to have caused the crime of this case.

In agreement with the victim, the injured person shall not want the punishment of the defendant.

Defendant has no record of crime.

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