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(영문) 청주지방법원 제천지원 2017.06.15 2017고단121
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 February 20, 2017, at C cafeteria located in Seocheon-si B around 22:00, the Defendant got off the head of the victim on the ground of the victim D (39 tax) and drinking, on the ground that the victim did not speak himself/herself.

As a result, the Defendant carried dangerous objects and inflicted bodily injury on the victim for about 14 days, which requires treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes to photographs showing the scene and victims;

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 (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Determination of the sentence as ordered by comprehensively taking account of the following conditions of sentencing under Article 62(1) of the Criminal Act (the following conditions of sentencing) and other conditions of sentencing as shown in the records, such as the Defendant’s age, occupation, sex, family relation, and circumstances before and after the commission of the crime.

In the case of a fluor's disease, which is a dangerous object, the head of the victim was killed and injured. The suspected danger of the act is confessioned and reflected, the victim under the influence of alcohol seems to be the cause of the occurrence of the case, the victim does not want the punishment of the defendant by the smooth agreement with the victim, and there is no criminal history.

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