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(영문) 청주지방법원 제천지원 2017.09.14 2017고단226
특수상해
Text

A defendant shall be punished by imprisonment for six 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 July 9, 2017, at around 23:50, the Defendant, while drinking alcohol together with the victim D (40 taxes) at “C” located in Chungcheongnam-gun B, Chungcheongnam-gun, Chungcheongnam-do, around July 23, 2017, brought an injury to the two mains of the victim, which require two weeks of medical treatment, by carrying dangerous articles, and making two weeks of medical treatment to the victim, even though the victim’s order was crying and making a claim to the restaurant proprietor.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A medical certificate;

1. Application of field photographs, victim photographs, and statutes;

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

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Determination of the sentence as ordered by comprehensively taking account of the following conditions of sentencing under Article 62(1) of the Criminal Act (the following conditions of sentencing) and other conditions of sentencing as shown in the records, such as the Defendant’s age, occupation, sex, family relation, and circumstances before and after the commission of the crime.

In the case of an injury caused by the head of a victim due to a dangerous object, the fact that the risk of the act is high, and is against the law, the injured person does not want the punishment of the defendant, and there is no record of the same crime.

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