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(영문) 춘천지방법원 강릉지원 2017.02.08 2016고단1503
특수상해
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 27, 2016, the Defendant: (a) while drinking alcoholic beverages at C cafeterias located in C cafeteria in Sama-si, Sama-si, 19:00 on October 27, 2016; (b) was not repaid for two years; (c) was able to pay money by telephone from the victim D (38 tax) who had not repaid his/her debt; and (d) was able to pay money.

Recognizing the word “C cafeteria,” the victim said that “A cafeteria is in a cafeteria,” and the victim said that the victim did not refuse to do so.”

The defendant does not refuse to see himself.

Although the victim who was found in the restaurant was scambling, the victim's head was scambling back, and the victim's head was scambling once, and the victim was injured by the brain-dead scams without any two mains open for about two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. 112 A list of reported cases;

1. Each related photograph;

1. Application of Acts and subordinate statutes to records and diagnostic certificates in an emergency room;

1. Article 258-2 of the Criminal Act applicable to the facts constituting an offense and Articles 258-2 and 257 (1) of the Criminal Act that choose a penalty;

1. Articles 53 and 55 subparag. 1 subparag. 3 of the Criminal Act to be mitigated considering extenuating circumstances (the following extenuating circumstances among the reasons for sentencing);

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The execution of a sentence shall be suspended on condition that the sentence against a defendant shall be determined within the scope of a mitigated sentence, and provided community service for a certain period of time, considering the following factors: (a) the reason behind sentencing under Article 62-2 of the Criminal Act; (b) the Act on the Observation, etc. of Social Service and Article 59 of the Act; (c) the motive and degree of injury to the defendant;

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