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(영문) 전주지방법원 2016.07.26 2016고단641
특수상해등
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

1. In around 00:30 on February 8, 2016, the Defendant: (a) expressed the victim’s desire to engage in a verbal dispute with the victim E in drinking with the Defendant at the main point of “D” located in Jinananan-gun, Jinan-gun; (b) the Defendant expressed the victim’s desire to engage in such a dispute with the victim, and (c) brought the victim’s head once on the part of the victim’s disease on the table table.

As a result, the defendant carried dangerous articles and carried about about two weeks of treatment to the victim.

2. The Defendant damaged the property by gathering the partitions owned by the Victim F, the main owner of the instant plant, from the above date, at the above time, and at the above place, and destroying them.

Summary of Evidence

1. Statement by the defendant in court;

1. Police statements made to E and F;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Articles 258-2 (1) and 257 (1) of the Criminal Act and Article 366 of the Criminal Act concerning the facts constituting an offense;

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act are as follows: (a) the Defendant inflicted an injury on the victim due to beer and beer, which is a dangerous object; and (b) the Defendant left without taking any measures after committing the crime.

However, the victims do not want to punish the defendant by mutual consent with the victims.

The defendant is seriously resisting against his wrongness.

There is no fact that the defendant has been punished beyond a fine.

In addition to this point, the sentence shall be determined as ordered in consideration of the conditions of sentencing as shown in the pleadings, such as the defendant's age, sexual conduct, details and details of the crime, and circumstances after the crime.

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