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(영문) 대전지방법원 논산지원 2016.09.09 2016고단317
특수상해
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

On June 11, 2016, the Defendant, at the main point of the Defendant’s operation at the Damp Island located in the mountain of the mountain of the mountain of the mountain of the Republic of Korea (C) around 02:30 on June 11, 2016, suffered damage by the victim D (in the case of the victim, 41 years of age) and the victim, who are working at the main point of the Defendant’s operation, due to the fact that the victim had the customer and the drinking at his own discretion while drinking the drinking at his own house, and the Defendant had the wind back the drinking water to the customer, which is a dangerous object of the Gamble, and caused the injury to the victim, such as the Damdong, which requires the treatment of the victim for two weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. E statements;

1. A written diagnosis of injury;

1. Application of the Acts and subordinate statutes on photograph description;

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

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 Social Service Order Criminal Act is that the defendant again commits the instant crime even though he/she had the record of being punished as the same kind of crime, and thus the corresponding punishment is needed.

However, the punishment as ordered shall be determined by taking into account all the sentencing conditions shown in the pleadings of this case, such as the fact that the defendant is against the mistake, the fact that the victim has agreed smoothly with the victim, the fact that the degree of injury to the victim is not much serious, and the defendant's age, sex, environment, circumstances, methods of crime, and circumstances after the crime.

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