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(영문) 대전지방법원 천안지원 2017.01.20 2016고단2303
특수상해
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 11, 2016, the Defendant listened to the declaration of pulse on the ground that he driven a drinking from a female-friendly Gu, and then colored the object of the crime in a tension with concrete sculpture ( length 19.2cc, 2cc, 31cc, 1,614g), which is a dangerous object that has been discarded on the street near the central elementary school near the Gyeyang-gu in the Asia-si, which was in the direction of drinkinging to an unspecified female, and thrown away a dangerous object that has been discarded on the street.

피고인은 2016. 10. 12. 오전 2:55 경 아산시 B에 있는 ‘C’ 주점 건물 앞에서 피해자 D( 여, 35세) 이 화장실로 들어가는 것을 보고 피해자를 따라 건물 안으로 들어가 화장실 문 앞에 서서 기다리다 이윽고 화장실 문을 열고 나오는 피해자의 이마를 위험한 물건 인 위 콘크리트 조각으로 1회 때렸다.

As a result, the Defendant used concrete sculptures, which are dangerous articles, to put up “a open room for the part in which the head is unknown,” which requires treatment for about 14 days for the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to each investigation report (including attached documents);

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

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

1. The crime of this case on the grounds of protection and observation, Article 62-2 of the Social Service Order Criminal Act, and Article 62-2 of the Social Service Order Act, takes into account the various sentencing conditions indicated in the trial proceedings of this case, such as the defendant's act of causing bodily injury by taking advantage of concrete sculptures, which is a dangerous object, according to the female victim who has no relationship with a view to making it clear that the defendant has been subjected to a declaration of clibing from a female-friendly body, and the crime of this case is not very good, when committing the crime is committed, there is an awareness of and against the crime, agreement with the victim, there is no record of punishment for the same crime, and there is no criminal punishment except once a fine, and the degree

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