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(영문) 의정부지방법원 2017.06.01 2017고단1636
특수상해
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

On March 13, 2017, around 23:55 on March 13, 2017, the Defendant, while drinking alcohol along with drinking in D’D’ D’C’s “D’s operation”, and drinking for entertainment, the Defendant observed the Defendant’s wife F, a customer, who was in other tables, with music at this stage.

As a result, the Defendant collected the beer, which is a dangerous object in the vicinity, and ever taken three times the head of the victim. The Defendant inflicted an injury on the victim, such as an open boom, which requires two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Each protocol concerning suspect examination of the police against C, E, or F;

1. Statement of the police statement related to G;

1. Police seizure records;

1. A copy of on-site photograph, on-site CCTV image;

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes to a written agreement;

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. Class 1 (Special Sentencing) of Article 62 (1) of the Criminal Act on the grounds of sentencing under Article 62 (1) of the suspended sentence: Punishment not for a crime committed with a deadly weapon or other dangerous articles [main grounds], where the victim is fully responsible for the occurrence of the crime even to the victim (where the victim's wife who sing out his/her singing at his/her home): Where the victim is fully responsible for the occurrence of the crime (where the victim's wife who sing out his/her singing at his/her home): the scope of special mitigation area: the criteria for suspended execution of theO in June - 2, 300 [main reasons] where the victim committed a crime with a deadly weapon or other dangerous articles [the main reasons are positive]

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