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(영문) 춘천지방법원 원주지원 2018.11.29 2018고단923
특수상해
Text

A defendant shall be punished by imprisonment for six months.

The execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 27, 2017, the Defendant: (a) had the head of the victim D (14 years of age) who was a son while drunkd in the dwelling area of nuclear power C, 101 Dong 1415 on April 27, 2017; (b) had the victim’s head at one time as he was aware of the number of days of treatment; and (c) had an open head cover with which the victim could not know the number of days of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of the law of the place of examination, diagnosis, and treatment records;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. The crime of this case on the grounds of sentencing under Article 62(1) of the Criminal Act of the suspended sentence is not likely to cause injury to a child by getting the child out of dangerous goods.

The defendant has no record of criminal punishment except for a fine once, but has been investigated several times due to family violence crimes.

Even after being served with a writ of summons, the attitude of being tried, such as compulsory appearance, was bad.

It is also recognized that the victim expressed his/her intention not to be punished during the investigation process, and that he/she is living together by frequent violence by family members.

In light of the aforementioned circumstances, the punishment as ordered shall be determined by comprehensively taking into account the following circumstances, including the Defendant’s age, sex, intelligence and environment, motive, means and consequence of the commission of the crime, and the circumstances after the crime.

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