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(영문) 대전지방법원 2020.04.23 2019고단5110
특수상해
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 24, 2019, the Defendant: (a) around 18:51, on the ground that the victim, who provided the same meals in the C cafeteria located in Asan-si B, took the fluence of the victim; (b) took the fluence of the victim’s head; (c) fluence of the victim’s head; (d) fluence of the victim’s head; (d) fluence of the victim’s head; (e) fluence of the victim’s head; and (e) f

이로써 피고인은 위험한 물건을 휴대하여 피해자에게 약 14일간의 치료가 필요한 머리의 기타 부분의 으깸손상 등을 가하였다.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Written statements of D;

1. On-site photographs;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act on probation;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act, although the defendant committed a similar type of crime, and is punished by a fine of one million won, it seems that he/she had lived sufficiently with the same kind of crime as well as with the same crime without committing or committing any other crime.

On the basis of the circumstances leading up to the occurrence of the instant case or the facts constituting the above similar crimes, it does not seem that the Defendant might have any habitive behavior by which the Defendant exercises violence, or that he would not have any serious alcohol disorder.

It is judged that it is necessary and appropriate to give more appropriate opportunity to increase the self-esteem of the defendant through the service without consideration to others, rather than the preventive form of education.

In full view of these circumstances, the sentencing conditions such as the age, character and conduct, intelligence and environment of the defendant, motive, means and result of the crime, the circumstances after the crime are particularly agreed with the victim, etc., the sentence like the order shall be determined.

It is so ordered as per Disposition for the reasons above.

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