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(영문) 대전지방법원 논산지원 2017.10.27 2017고단496
특수상해
Text

A defendant shall be punished by imprisonment for six months.

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 June 17, 2017, the Defendant discovered the Defendant while drinking alcohol at “C cafeteria”, which is a restaurant located B in Seosan-si, Seosan-si, and experienced the Defendant after the society where the Defendant had personnel, and left the Victim D (53) who is a dangerous object in the victim’s attitude during dialogue with the victim, and caused injury to the victim, such as “hicker in face,” which requires a treatment for a period of 14 days for 14 days.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Each statement of E and F;

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes to on-site photographs (such as the form in which the victim gets out of school);

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. The reason for sentencing under Article 62(1) of the Criminal Act on the suspension of execution is not against the nature and circumstances of the crime in this case, but is not against the defendant's mistake, the degree of injury to the defendant is not limited, and the defendant agreed with the victim smoothly, the defendant has no record of criminal records of the same kind and the suspension of execution, the defendant's age, environment, circumstances, and circumstances after the crime, and all of the sentencing conditions shown in the arguments in this case shall be determined as ordered by the order.

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