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(영문) 청주지방법원 충주지원 2017.03.31 2017고단94
특수상해
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On December 31, 2016, at around 22:40, the Defendant, while drinking the victim D(47 tax) and drinking alcohol, suffered injury to the victim, such as the head open body, which requires treatment between approximately two weeks, on the ground that the victim was able to influence the victim’s shot, on the ground that he was able to influence the victim’s d(47 tax) and drinking, and that he was able to influent the victim’s d(s) and drinking.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Written statements of D;

1. A report on the occurrence of an injury;

1. A photograph of parts of the victim's body;

1. A medical certificate;

1. Application of Acts and subordinate statutes to internal investigation reports ( telephone communications with owners of restaurants);

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

1. Articles 53 and 55(1)3 of the Criminal Act to mitigate amount of punishment (see, e.g., the facts that the defendant led to his/her crime and reflects against him/her, the fact that the injury is minor, and the victim expressed his/her intention not to punish by mutual consent with the victim);

1. It is so decided as per Disposition on the grounds that Article 62(1) (the above favorable circumstances) of the Criminal Act is more than that of the suspended sentence;

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