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(영문) 춘천지방법원 속초지원 2018.01.31 2017고단299
특수상해
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On April 18, 2012, the Defendant was issued a summary order of KRW 500,00,000 as an injury in the early branch of the Chuncheon District Court on the following three occasions:

around 21:45 on May 4, 2017, the Defendant: (a) while drinking alcohol together with the victim E (64 years of age) and Japan in Gosung-gun C, the Defendant saw the beer’s disease, which is a dangerous object on the table of the victim E, to her hand, and her head part of the victim E (e.g., 54 years of age) with the victim’s her head part of the victim F (n, e.g., her mother) who was her speechd on one occasion on his/her hand; and (b) caused the victim’s injury to the victim E’s head part of the victim E (n, e.g., her head part) for the treatment days; and (c) caused the victim F’s injury to the part of the head part of the victim F (n, 54 years of age) on the number of days of treatment.

Accordingly, the defendant carried dangerous articles and inflicted an injury on the victims respectively.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement prepared by the police with respect to E and F;

1. G documents;

1. Application of on-site photographs and statutes governing damaged photographs;

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

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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. Based on the reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act, the punishment as ordered shall be determined by taking into account all the following conditions of sentencing, including the defendant’s age, sex, environment, background, means and consequence of the crime, and the circumstances after the crime.

The favorable circumstances: The defendant reflects the defendant, the victims, and the circumstances unfavorable to him: The crime of this case is not good in light of the means of the crime, and the defendant has a criminal record of violence.

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