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(영문) 춘천지방법원 2018.08.23 2018고단644
특수상해
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On March 22, 2018, the Defendant, at the “D” restaurant located in Chuncheon City, around 20:20 on March 22, 2018, brought about a dispute with the victim due to an influence with the victim E (the remaining and 47 years of age), while drinking alcohol, which is a dangerous object on the victim’s own trust, and brought about an injury on the victim’s left side, such as a flusium in need of approximately three weeks of treatment, and an open upper part of the eye and a mar in the area surrounding the snow.

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

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspects of E;

1. Statement of F;

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

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

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of quantity appears to have shown an attitude that the defendant recognized and reflected his/her criminal act, and the fact that he/she has no record of criminal punishment heavier than imprisonment with labor for the same kind of crime is favorable to the defendant.

However, the defendant is a situation unfavorable to the defendant, such as the fact that the defendant, with salted soften, has inflicted an injury on the part of the victim in need of approximately three weeks of treatment, and the crime is not good, and that it does not harm the victim to recover any damage.

In addition, the punishment as ordered shall be determined by comprehensively taking into account all the circumstances, such as the defendant's age, sex, environment, motive and background of the crime, the result of the crime, and circumstances after the crime.

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