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(영문) 춘천지방법원 속초지원 2020.04.08 2019고단225
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 of the final judgment.

Reasons

Punishment of the crime

On May 7, 2019, the Defendant saw the face of the Defendant as drinking by the victim and the taxi after getting off the taxi at a time when the drinking value was at issue, in the vicinity of the parallel parallel road in Jinyang-si, Jinyang-si, Jyang-si, Seoul, the Defendant 1:30 on May 7, 2019, and caused the victim to take a head of the victim with a stone string (12 cm cm) which is a dangerous object located on the ground floor, and caused the victim to take a dangerous object (140 cm in length, 40 cm in diameter, 40 cm in diameter), which is a dangerous object in the vicinity of the route adjacent to the D store located on the ground, and the part of the bridge part of the victim was at prices, and thereby making the victim suffer injury in two weeks in need of open medical treatment for the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. On-site photographs and photographs of victims;

1. Application of Acts and subordinate statutes of a medical certificate;

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 for discretionary mitigation;

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended execution recognizes the error of the defendant, and the victim shall not be punished by the defendant in agreement with the victim.

However, the defendant used repeatedly dangerous objects, and the degree of injury suffered by the victim is not easy.

In addition, the sentence shall be determined as ordered in consideration of all the conditions of sentencing, such as the criminal records of the defendant, the relationship with the victim, and the circumstances of the crime in this case.

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