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(영문) 대전지방법원 천안지원 2016.11.11 2016고단1908
특수상해
Text

The punishment of the accused shall be eight months by imprisonment.

Reasons

Punishment of the crime

At around 17:40 on September 24, 2016, the Defendant: (a) caused drinking disputes between the aforementioned two persons in front of the hot spring station in 1496, in front of the hot spring station in Asan City, with the hot spring station in front of the hot spring station in 1496, and with C and the victim D (the age of 35). As a result, the Defendant collected an empty small-scale disease, which is a dangerous object in the Defendant’s side, and carried out twice the head of the victim’s head; and (b) caused the victim’s injury, such as two-hours in need of medical treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of police suspect regarding D;

1. Statement to E by the police;

1. Photographs (Evidence record 32 pages);

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

1. Article 258-2 (1) and Article 257 (1) of the Criminal Act applicable to the relevant criminal facts and the choice of punishment;

1. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation are as follows: (a) the type and degree of the instant crime; (b) the Defendant’s criminal records (at least three times the same kind of force, but all of them are insignificant); (c) the damage was not recovered; and (d) the Defendant’s efforts to recover is not visible; (b) there is lack of social ties; (c) the Defendant recognizes and reflects the crime; (d) the Defendant is a contingent crime; (e) the fact that the Defendant is an contingent crime; and (e) seems not to have any ordinary violent tendency; and (e) other circumstances shown in the instant trial, including the Defendant’s age, character and conduct

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