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(영문) 청주지방법원 충주지원 2017.04.14 2017고단114
특수상해
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On January 26, 2017, the Defendant: (a) around 21:30, at the “D” alcohol house located in Chungcheongnam-si, and (b) around 21:21:30, the Defendant, while drinking the victim E (68 taxes) and drinking alcohol, carried a hot fluort with the victim’s face to put the victim into the victim’s face, and caused the victim to take care of approximately 21 days.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. E statements;

1. A written diagnosis of injury;

1. On-site photographs and damaged photographs;

1. Reporting on the arrest of a case;

1. Each report on internal death (e.g., drinking alcohol as a suspect, etc.);

F Investigation of F, Investigation of D Heading Co., Ltd.

1. Application of Acts and subordinate statutes to each investigation report (investigative matters concerning the submission of an injury diagnosis report);

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 provides no sentencing guidelines for special injury to the reasons for sentencing.

The crime of this case is strictly punished in that the defendant was aground with heavy brut to the remaining victims under the influence of alcohol and caused severe physical and mental pain to the victim.

However, the punishment is determined as ordered in consideration of all the sentencing conditions, including the above circumstances and the defendant's age, sexual conduct, environment, circumstances after the crime, means and consequence, etc., by paying 15 million won to the victim and agreement with the victim, and the injured person is not subject to punishment against the defendant. The punishment is determined as ordered in consideration of all the sentencing conditions, such as the following circumstances and the defendant's age, sexual conduct, environment, means and consequence, after the crime.

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