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(영문) 청주지방법원 제천지원 2016.10.20 2016고단312
특수상해
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

At around 02:00 on July 6, 2016, the Defendant, in front of the office “D” office located in Chungcheongnamyang-gun C, and on the ground that the victim E (24 years of age) acts against the vessel under the influence of alcohol and to prevent it from doing so, the Defendant, on the ground of drinking, committed an injury to the victim’s head on the ground of the victim’s head on the one-time basis of the victim’s head, i.e., the victim’s head on the one-time basis, and a dangerous object, i.e., the victim’s head on the one-time basis.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement to F and E;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. The sentence shall be determined as ordered by taking into account the following conditions of sentencing under Article 62(1) of the Criminal Act (hereinafter referred to as “the grounds for suspended sentence”), and other conditions of sentencing as shown in the records, such as the Defendant’s age, occupation, character and conduct, family relationship, and circumstances before and after the commission of the crime.

In case of injury caused by an injury, which is a dangerous object, there has been a great risk of such act, confession and reflects it, the victim does not want the punishment of the defendant, and there is no criminal power of the same kind.

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