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(영문) 춘천지방법원 원주지원 2016.09.20 2016고단611 (1)
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

Around 02:50 on April 29, 2016, the Defendant and C were under drinking alcohol at “E main store” located in “E main store,” and when the Defendant and C met with the shoulder, the Defendant and C were under dispute with the victim. While the Defendant was under dispute with the victim, the Defendant: (a) faced with the smaller’s disease, which is a dangerous object on the table; (b) threatened the victim with the shocker’s disease; (c) putting the head of the victim into a dangerous object; (d) putting the victim’s body on three occasions; and (e) C took the victim’s face by drinking; (e) taking the beer’s disease, which is a dangerous object on the table; and (e) taking the beer’s head into consideration the beer’s disease; and (e) taking the beer’s head into consideration the beer’s disease; and (e) taking the beer’s disease as a beer’s head once; and (e) taking the victim’s head into account three weeks.

As a result, the defendant and C conspired with others to inflict bodily injury on the victim.

Summary of Evidence

1. The legal statement of the defendant and C

1. A protocol concerning the interrogation of suspect with respect to F;

1. A written diagnosis of injury;

1. Application of the photograph-related Acts and subordinate statutes to photographs, CDs, or CCTV partial closures related to the crime of assault;

1. Articles 258-2 (1), 257 (1), and 30 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. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act was as follows: (a) the Defendant, along with C, was injured by the method of getting the victim’s head into the will and beer of steel scrap with the victim’s death; and (b) the method of committing the crime was very dangerous.

However, there is no record that the accused has been punished as a violent crime.

The punishment shall be determined as ordered by taking into account such circumstances and the defendant's age, occupation, sex, the details of the crime, and the circumstances after the crime.

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