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(영문) 대전지방법원 2018.04.19 2018고단98
특수상해등
Text

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

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

Reasons

Punishment of the crime

On March 18, 2016, the Defendant was sentenced to imprisonment with prison labor for one year for special bodily injury at the Daejeon District Court, and on March 26, 2016, the said judgment became final and conclusive on March 26, 2016.

The defendant is a space between the victim C (39 years of age) and D’s club at the same time.

From around 02:00 on November 4, 2017 to F, the Defendant: (a) caused the victim to undergo an examination on another club member; and (b) caused the victim to undergo such an examination; (c) caused the victim to undergo such an examination; (d) caused the victim to undergo such an examination; and (e) caused the victim to undergo such an examination; and (e) caused the victim to undergo an examination on the victim’s other club members; and (e) caused the victim to undergo an examination on the victim’

Along with this, the Corporation has broken.

After that, the Defendant displayed the shoulderer's disease, which is a dangerous weapon in the above corridor, to put the victim with ear and ear part of the victim once, and to put the shoulderer's disease into force once again.

이로써 피고인은 피해자에게 약 3 주간의 치료가 필요한 귓바퀴의 열린 상처 등의 상해를 가하였다.

Summary of Evidence

"2018 Highest 98"

1. Statement by the defendant in court;

1. Statement by the police in relation to C and G;

1. Complaint;

1. A medical certificate and a drilling;

1. Each report on investigation;

1. Application of Acts and subordinate statutes to inquiries, such as criminal history;

1. Relevant Article of the Criminal Act and Articles 258-2 (1) and 257 (1) of the Criminal Act (a point of special injury) concerning the facts constituting an offense;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act for the observation of protection [the scope of recommended punishment] General Injury (the scope of recommendation] of Type 1 (the general injury) in the basic area ( April to one year and six months) [special mitigation (the person subject to special mitigation)] and carry dangerous articles (the decision of sentence] two times the same type of crime, and the crime is committed during the suspension period of execution of the same kind of case, and the nature and circumstances of the crime are not good.

However, it is receiving mental treatment such as depression and shock disorder. However, there is a misunderstanding, the victim agreed with the victim, and the victim's wife is also the defendant's wife, and the victim is receiving mental treatment.

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