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(영문) 대전지방법원 논산지원 2016.08.30 2016고단285
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 becomes final and conclusive.

Reasons

Punishment of the crime

On May 5, 2016, the Defendant: (a) while drinking alcohol in C Garan, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do, 2016; (b) on the ground that the Defendant lent the Defendant’s cargo vehicle before 2-3 days prior to the victim D (57 aged) to use it, and did not contain oil; (c) on the face of the damaged party, the Defendant collected beer’s disease, which is a dangerous object in C Gab, from the face of the damaged party; and (d) suffered injury, such as the diversification of dental 28 days in need of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or E;

1. A certificate of diagnosis of injury (F hospital) and a certificate of diagnosis of injury (G-type surgery);

1. A copy of the first-aid service activity;

1. Deficial photo of an injury;

1. Investigation report (or relative investigation of a witness H) and investigation report (or investigation of a witness I);

1. Application of Acts and subordinate statutes to a criminal investigation report (related to tools of crime);

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 crime of this case on the grounds of sentencing under Article 62-2 of the Social Service Order Criminal Act does not mean that the defendant was faced with a beer's face to injure the beer's face, and the nature and circumstances of the crime are not to be somewhat weak; however, the victim's wishes to punish the beer's disease, etc.; however, the defendant's mistake is against the defendant; the victim's deposit of five million won against the victim; the defendant has no record of the crime subject to suspended execution or above; and the defendant's age, sex, sex, environment, criminal records, criminal records, degree of injury to the victim, method of the crime, and circumstances after the crime, etc. are considered as the order of all kinds of sentencing specified in the arguments of this case.

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