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(영문) 춘천지방법원 원주지원 2017.04.27 2017고단210
특수상해
Text

A defendant shall be punished by imprisonment for one year.

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 February 13, 2017, the Defendant: (a) around 23:30 on February 13, 2017, while drinking the Victim E (65 tax) and drinking alcohol in the “D’s singing room; (b) on several occasions, the victim, with a fluor’s water disease, fluencing the Defendant’s shoulder part on several occasions; (c) fluor’s head part on one occasion with a dangerous object; and (d) fluoring two parts with which the victim’s number of days of treatment cannot be identified.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspects of E;

1. Application of statutes, such as site photographs;

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

1. Since the suspended execution of punishment under Article 62(1) of the Criminal Act committed an offense with poor reason for sentencing, it shall be reasonable to punish the offender. However, the execution of the sentence shall be suspended for a certain period of time in consideration of the circumstances that the victim agreed smoothly with the victim.

In light of the aforementioned circumstances, the punishment as ordered shall be determined by comprehensively taking into account the following circumstances, including the Defendant’s age, sex, intelligence and environment, motive, means and consequence of the commission of the crime, and the circumstances after the crime.

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