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(영문) 춘천지방법원 2019.04.30 2018고단1305
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 of the final judgment.

Reasons

At around 23:10 on September 2, 2018, the Defendant: (a) used the divers of plastic material, which is a dangerous object in the house of the victim, and used the dives tool (30cm, length 20cm, height 6.5cm, height 6.5cm) at one time for the victim’s left-hand part of the victim’s left-hand part of the head at approximately two weeks of treatment in need of two weeks of treatment, such as D(32 years of age), E, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of police statements of E and D;

1. A medical certificate;

1. Application of Acts and subordinate statutes to photographs of damaged parts and field photographs;

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 for discretionary mitigation;

1. The reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [Scope of Recommendation] The basic area (6-2 years) of category I (6-2 years) of injury by special injury and repeated offense (decision of sentence] (decision of sentence], the confessions and reflects by the defendant, the fact that the defendant has no criminal record exceeding the fine, contingent crimes, the fact that the defendant has no criminal record, the defendant's age, environment, results after crimes, etc. shall be comprehensively considered and sentenced as the order.

Public prosecution dismissal (inception of injury by negligence)

1. The Defendant had a duty of care to act so that the victim E (the 30-year-old) was not injured by D at the same time and place as the facts charged in the facts charged.

Nevertheless, the Defendant neglected to do so and caused injury to the affected body, etc. in the open room, etc., which requires approximately 2 weeks of treatment by having the victim teared about 5 cm, due to the Defendant’s negligence, when the head of the said D was destroyed by a sleep slurg, and that the slurg was profed by the victim’s slurg.

2. The instant case is determined by the Criminal Act.

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