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(영문) 청주지방법원 제천지원 2017.12.14 2017고단330
특수상해
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall take place for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On August 30, 2017, around 17:25, the Defendant: (a) on the road in front of the D cafeteria located in Seocheon City, and (b) on the part of the victim E (39 years of age) who performed drinking and on the part of the vehicle, the Defendant saw the victim’s head head part once by hand, and saw the victim’s head part (8cm, length 8cm, length 70cm, length 70cm) as dangerous things in the neighboring construction site.

Accordingly, the Defendant inflicted bodily injury on the victim, such as the number of days of treatment and the number of days of treatment.

Summary of Evidence

1. Statement by the defendant in court;

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

1. A report on investigation (verification of statements by on-site and witness);

1. A log of emergency medical services activities and clinical records of emergency medical services;

1. Application of Acts and subordinate statutes on site photographs, damaged parts, and field photographs;

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

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Determination of the sentence as ordered by comprehensively taking account of the following conditions of sentencing under Article 62(1) of the Criminal Act (the following conditions of sentencing) and other conditions of sentencing as shown in the records, such as the Defendant’s age, occupation, sex, family relation, and circumstances before and after the commission of the crime.

Each item, which is a dangerous object, leads to the fact that there is a high risk of the act of the victim's head and reflects the fact that the victim does not want the punishment of the defendant by agreement with the victim, and that there is no record of punishment for violent crimes in addition to the punishment of a fine imposed on the violation of the Punishment of Violence, etc. Act on 199.

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