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(영문) 춘천지방법원 2018.08.23 2018고단540
특수상해
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

The defendant and the victim B ( South, 50 years old) are the relationship between the two parties.

On April 16, 2018, the Defendant 22:05 around 22:05, while drinking alcohol with the victim at the inside of the Defendant’s residence located in Seocheoncheon-gun C, on the ground that the victim assaulted the Defendant before drinking, the Defendant left twice the head of the victim’s head, which is a dangerous object, and put the head in the body of head, the number of days of treatment of which cannot be known to the victim.

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Application of Acts and subordinate statutes to report internal investigation (Attachment to photographs of damaged parts of a victim);

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reasons for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on the Observation, etc. of Protection, etc. of Social Service Order are the circumstances unfavorable to the Defendant, in light of the following: (a) the Defendant, a dangerous article, fluorpedpedped by the victim’s head; and (b) the degree of damage in light of the damaged photograph, etc.

However, the fact that the defendant seems to have committed a crime, there is no record of the crime subject to punishment for the same crime, there is no record of the crime subject to punishment more than imprisonment, and there is no record of agreement with the victim, etc. are favorable to the defendant.

In addition, the punishment as ordered shall be determined by comprehensively taking into account all the circumstances, such as the defendant's age, sex, environment, motive and background of the crime, the result of the crime, and circumstances after the crime.

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