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(영문) 대전지방법원 천안지원 2019.10.25 2019고단1645
특수상해
Text

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

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

Reasons

Punishment of the crime

At around 02:19 on July 8, 2019, the Defendant: (a) around C cafeteria located in Western-gu, Western-si B; (b) while drinking the victim D (29 years of age) and alcohol, the Defendant she saw the victim's head, which is a dangerous thing for the reason that the victim her speech without her brucation, and she saw the victim's head as one time, and caused the victim to suffer two parts of the number of days of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of field photographs, victim photographs, and statutes;

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 for discretionary mitigation;

1. The reason for sentencing under Article 62(1) of the Criminal Act under the suspended sentence is that the nature of the crime in this case is not weak in light of the background of the crime in this case, the form of the act, the degree and degree of injury, the danger, etc. Meanwhile, the defendant confessions and reflects the crime in this case, the defendant appears to be a contingent crime committed at the time, the victim is not punished against the defendant by the agreement and reimbursement of damages to the victim, the victim does not want punishment against the defendant, and there is no record of criminal punishment against the defendant, and other circumstances revealed in the records and arguments in this case shall be determined

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