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(영문) 청주지방법원 충주지원 2017.11.28 2017고단580
특수상해등
Text

A defendant shall be punished by imprisonment for six months.

However, 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

1. Around November 7, 2016, the Defendant: (a) while drinking alcohol at “C” main points located in B in Chungcheongnam-si, Chungcheongnam-si; (b) caused the Victim D (44 S) to run and to run a test; (c) the Defendant, by hand, continuously damaged the Victim’s head by taking care of about seven (7) days, with a glass balance, which is a dangerous article on the table.

2. The injured Defendant, at the same time and place as the above “1,” and at the same time and place as the victim E (n, 39 years of age) brought an injury to the victim, by pushing the victim’s chest part with the victim’s fingers or knife, thereby damaging the victim’s chest part over the floor, thereby causing approximately 14 days to undergo treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of each police in relation to F and G;

1. Each police statement made to E, D, and H;

1. Each injury diagnosis letter;

1. A report on internal investigation (Attachment of a medical certificate of injury);

1. Application of Acts and subordinate statutes to each investigation report (the confirmation of CCTV images at the victim's assault site, and the review of partial change of the name of a suspect A);

1. Articles 258-2(1) and 257(1) (a) of the Criminal Act, Article 257(1) (a) of the Criminal Act, and Article 257(1) (a) of the Criminal Act, and choice of imprisonment for a crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. There is no provision of the sentencing criteria for special injury under Article 258-2(1) of the Criminal Act for the reason of sentencing under Article 62(1) of the suspended execution of the Criminal Act.

The crime of this case was committed by assaulting the victim D with glass residues and beer diseases, which are dangerous objects in the state of being taken by the defendant, and causing bodily harm to E, and is punishable by imprisonment since the nature of the crime is poor in light of the method, circumstance, and result of the crime.

However, the defendant committed the crime of this case.

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