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(영문) 대전지방법원 논산지원 2017.12.05 2017고단501
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

At around 00:20 on June 25, 2017, the Defendant got the victim to sit in the toilet without any reason while drinking alcohol at the F main point in the operation of the victim E (W, 53 years old) located in Seosan-si, E, and had the victim sit in the toilet without any reason, which is a dangerous thing for the victim, Dacker, Dacker, Dacker kid the victim's head, knife the victim's head, knife the victim's head, and drinking.

Summary of Evidence

1. Statement by the defendant in court;

1. Each legal statement of witness E and G;

1. A written request reply;

1. Application of Acts and subordinate statutes explaining site photographs;

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. The community service order under Article 62-2 of the Criminal Act;

1. The crime of this case on the grounds of sentencing under Article 186(1) of the Criminal Procedure Act is deemed to have been committed by the Defendant with a shouldered beer disease, and the nature and circumstances of the crime are very poor.

However, the punishment as ordered shall be determined by taking into account all the sentencing conditions shown in the pleadings of this case, such as the fact that the defendant acknowledges and reflects the erroneousness of the defendant late, that the defendant agreed with the victim, that the degree of injury to the victim is not serious, and that the defendant's age, sex, environment, criminal records, criminal records, circumstances after the crime, etc.

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