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(영문) 대전지방법원 서산지원 2017.03.31 2016고단792
특수상해
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On June 25, 2016, around 01:00, the Defendant opened a door as a key in the “E” operated by the victim D (48 taxes) located in Jin-si, Jin-si, and opened a door, one time at Empt North Korea, one time at Empt, and one time at Empt (30 cm in length), and one time at Empt (30 cm in length), the victim’s head as the head of the Defendant’s head, with about two weeks of medical treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D and F;

1. Each legal statement of witness G and H in part;

1. Some statements made to the defendant in the protocol of interrogation of the suspect against the defendant (including the parts written in D)

1. Any statement made to the accused in part of each protocol concerning the suspect interrogation of the police;

1. Each police statement made with respect to D, G, and F;

1. Application of on-site photographs, diagnostic certificates, CCTV CD-related Acts and subordinate statutes;

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

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of amount was that the instant crime was committed on the basis of the loss, etc., which is a dangerous object, and the risk was very serious. The Defendant did not oppose the criminal act while denying it, and there were several criminal convictions of the same kind.

However, in consideration of the fact that the victim's injury is not serious, and the age, sex, environment, relationship with the victim, circumstances leading to the crime, etc. of the defendant, the punishment as the order shall be determined in accordance with the overall sentencing conditions.

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