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(영문) 전주지방법원 2018.06.07 2018고단612
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 00:10 on February 22, 2018, the Defendant: (a) while drinking the victim E (29 years) and drinking alcohol at a “D” restaurant located in Seojin-gu Seoul Special Metropolitan City, the Defendant: (b) took a bath to the victim without any particular reason; (c) took the part of the back head of the victim’s right; (d) taken the small-scale disease, which is a dangerous object on the table table, one time by hand, left the part of the victim’s right side; and (e) took the part of the victim’s right side, such as the victim’s drinking, etc., on a multiple occasions, the Defendant sawd about four weeks of the victim’s right side; and (e) took part of the victim’s body, such as the victim’s drinking and salunching.

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to photographs and diagnosis reports of injuries inflicted on a victim;

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

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

1. The reason for sentencing under Article 62-2 of the Criminal Act of the order to attend a lecture was that the defendant, who is a dangerous object, caused a serious danger in light of the tools and methods of the crime, such as melting the snow part of the victim, etc. In addition, the degree of injury of the victim is not easy, and the degree of injury of the victim need to be strictly punished due to poor nature of the crime.

However, there are extenuating circumstances such as the defendant's agreement with the victim that the injured person is not subject to the punishment of the defendant, that there is no criminal record exceeding the same kind and fine, that there is no criminal record of the defendant, and that the defendant recognizes and reflects the wrong.

In light of the above circumstances, the sentencing conditions, such as the age, sex, environment, etc. of the defendant, the punishment shall be determined as per the disposition.

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