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(영문) 춘천지방법원 원주지원 2017.06.12 2017고단224
특수상해
Text

A defendant shall be punished by imprisonment for one year.

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 February 22, 2017, the Defendant: (a) around 18:40, at the “D” restaurant located in the Won-si, the victim E (50 knife in this restaurant; (b) collected the victim’s head with his left hand, and carried the flife, which is an object dangerous to the victim’s 2nd hand, carried the flife in the table, and carried the victim’s face into the table, and used it twice to flife the victim’s face for about 2 weeks of treatment.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of the medical certificate, each photographic statute;

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

1. Article 62 (1) of the Criminal Act on the stay of execution (The following sentencing shall be considered as favorable to the Supreme Court);

1. On the grounds of sentencing under Article 62-2 of the Social Service Order Criminal Act, the sentencing conditions indicated in the records, such as Defendant’s age, sexual conduct, environment, motive for and circumstances after committing a crime, etc. shall be determined as ordered in consideration of the following circumstances.

In favorable circumstances: A reasonable amount is paid to the injured party and the injured party has not been punished by the accused.

The crimes are against the crimes.

Unfavorable circumstances: in light of the circumstances of the instant case, the risk of committing a crime is large, and the result of injury is not easy.

There is a record of punishment of fines due to the same kind of crime of violence.

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