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(영문) 청주지방법원 2017.10.12 2017고단1058
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 17, 2017, at around 00:10, the Defendant gave lessons to C, his wife, at the Defendant’s residence of 502-dong 803, Chungcheongnam-gun apartment building B, Chungcheongnam-gu, Chungcheongnam-gu, 2017, on the ground that the victim D (Influence, 50 years of age) who was denied, took a bath for the victim, and the victim’s face is taken by drinking, and the Defendant took the victim’s shoulder and buckbbbbbbbbbbs, thereby making it difficult for the victim to become aware of the number of days of treatment by carrying dangerous things with his/her head.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police against D;

1. The receipt status of the report and the report on the emergency situation (the defendant was frightened by the victim and did not have the intent to face the victim with the cupped Cup;

However, according to the defendant's assertion, in light of the circumstances acknowledged by each of the above evidence, such as the place where the crime was committed, the distance between the victim and the victim, and the circumstance where the World Cup was carried out, it is sufficiently recognized that there was an incomplete intention that the victim would be able to be able to be able to be able to be able to be able

Application of Statutes

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

1. Article 53 and Article 55(1)3 of the Criminal Act for Reduction of Small Quantity (i.e., the fact that a victim appears to have committed an contingent crime under the influence of alcohol and that the victim does not have any punishment for the defendant due to a smooth agreement with the victim);

1. Article 62 (1) of the Criminal Act on the suspension of execution (the repeated consideration of the aforementioned circumstances);

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