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(영문) 대전지방법원 홍성지원 2019.02.27 2018고단933
특수상해
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 27, 2018, the Defendant: (a) around 23:14, at the victim C (the 66-year-old)’s dwelling room located in Boan City B, and (b) made the victim’s face one time, with the victim’s face expressed “A-type, alcohol, or one remaining breath” from the victim who was aged less than the Defendant. (c) At the same time, the victim’s face was 8cm (the blade length, the total length of 18cm).

Summary of Evidence

1. Defendant's legal statement;

1. Statement by the police about C (victim);

1. Photographs;

1. Statement of results of communication with the State;

1. Application of Acts and subordinate statutes to an investigation report (including the reasons why the injury certificate is not attached);

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 for discretionary mitigation (i.e., taking into consideration favorable circumstances, such as the following: (i) the fact that a person commits a contingent crime by drinking together the victim with his or her friness and alcohol between him or her; (ii) the fact that the victim and the victim have agreed smoothly with him or her; (iii) the fact that he or she has no record of being punished by imprisonment with labor for

1. Article 62 (1) of the Criminal Act on the stay of execution (resumed circumstances favorable to the previous one);

1. Article 62-2 of the Criminal Act on Probation and Order to Attend Courses;

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