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(영문) 춘천지방법원 2018.09.20 2017고단1106
특수상해
Text

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

Reasons

Punishment of the crime

On June 25, 2017, at around 18:40, the Defendant brought about the victim C (n, 49 years of age) in front of the operation of the Gangseowon B (n, the Defendant brought about the victim in front of the fore part of the damaged party, who was in a restaurant E next to the said multi-section, in the course of making a vagabonds, he was flaged with the victim's spath, flag, with the victim's spath, flag, and 15 times of the victim's head by putting the victim's spath in his hand, which is a dangerous object in that place, and continuously tighted the victim's flag and spathd with the victim's bat.

As a result, the defendant carried dangerous objects and carried about about 15 days of medical treatment to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to the 112 Reporting case handling table, on-site photographs, and death diagnosis report;

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

1. The grounds for sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of amount are the circumstances favorable to the defendant, such as the fact that the defendant seems to have committed an offense while recognizing him/her.

However, the fact that the defendant has been punished by a fine on two occasions due to the same crime, the fact that there is a record of crime subject to suspended sentence of imprisonment for one time, the victim did not have any damage recovery, and the victim wanted to be punished by the defendant is disadvantageous to the defendant.

In addition, the sentencing conditions specified in the arguments of this case, such as the defendant's age, sex, environment, motive and background of the crime, degree of injury inflicted on the victim, and circumstances after the crime, etc., shall be comprehensively determined as follows.

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