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(영문) 춘천지방법원 2018.11.15 2018고단798
특수상해
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On June 24, 2018, the Defendant: (a) around 03:40, around 03:40, the Defendant, without any justifiable reason, experienced the victim’s son E (the 65 years of age), who is the security guard of the said market, from walking her mare around the ground, and then laid the victim’s head into the ground and her hand over the beer of the victim’s head by her hand, and then her head was chered three times, and the Defendant sustained the victim’s head by making it difficult on three occasions to treat the victim’s head, which is a dangerous thing located therein; and (b) sustained the victim’s head by opening the head part requiring approximately two weeks’ treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of the suspect against the defendant (two times);

1. Some E statements;

1. Application of statutes to field CCTV CDs, caps photographs, and diagnostic certificates;

1. The grounds for sentencing under Articles 258-2(1) and 257 of the Criminal Act regarding criminal facts are as follows: (a) the defendant recognized the crime; and (b) the fact that he/she agreed with the victim is favorable to the defendant.

However, even though the defendant agreed with the victim in the court that the victim could not recover from damage, the victim did not pay money, and the victim talked with the victim who was well aware of his religious life.

The statements were made:

The Defendant, even though having been punished by a fine on several occasions due to violence or by a suspended sentence of imprisonment with prison labor, was able to get the head of the victim from a beer disease, which is a dangerous object despite the history of the crime, and the degree of injury suffered by the victim in light of the victim’s photograph, diagnosis report, etc. seems to be disadvantageous to the Defendant.

In addition, the punishment as ordered shall be determined by comprehensively taking into account all the circumstances, such as the defendant's age, sex, environment, motive and background of the crime, the result of the crime, and circumstances after the crime.

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