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(영문) 대전지방법원 논산지원 2018.01.30 2017고단623
특수상해등
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 becomes final and conclusive.

Reasons

Punishment of the crime

1. Around July 26, 2017, the Defendant suffered special injury: (a) around 23:40 on July 26, 2017, the head part of the victim D (59 years old) who was sitting at the same place as an empty beer with a dangerous object without any justifiable reason while drinking alcohol in “C,” which is a shelter in B village, at the Seosan-si, B, B, B, and there was two cases where the victim needs to receive approximately two weeks of treatment.

2. On the ground that the victim F (e.g., 57 years of age) was prevented during the time and time set forth in paragraph 1, the injured Defendant dupeed the victim’s batf (e.g., 57 years of age) with the victim’s batf, and caused the victim to suffer from the head on the floor, thereby causing approximately two weeks of injury to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D, F, and E;

1. A written request and reply;

1. Application of statutes on site photographs;

1. Relevant Article 258-2 (1), Articles 257 (1) (a) and 257 (1) of the Criminal Act concerning facts constituting an offense, and Article 257 (1) of the Criminal Act (a point of harm to carry dangerous articles) of the same Act concerning the selection of punishment;

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. The reason for sentencing under Article 62-2 of the Criminal Code of the Social Service Order and Article 62-2 of the Social Service Order requires strict punishment of Defendant on the grounds that Defendant committed the instant crime in which the nature of the crime is bad under the influence of alcohol without being able to do so despite the fact that Defendant had been punished several times for the same kind

However, considering the fact that the defendant reflects the defendant's wrong, the degree of injury of the victims is not much serious, and the defendant's age, sex, environment, criminal records, relationship before and after the crime, circumstances after the crime, etc., all of the sentencing conditions specified in the arguments in this case shall be determined like the order.

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