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(영문) 대전지방법원 2018.06.12 2017고단3625
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 31, 2017, the Defendant, at a restaurant located in Seo-gu Daejeon, Seo-gu, Daejeon around 07:30 on August 31, 2017, performed the Victim D (28 taxes) and drinking alcohol, the Defendant collected one small-scale disease, which is a dangerous object on the table, and fright one time to the head of the victim, caused injury to the victim, such as the head of the other part that requires approximately three weeks of medical treatment, the open upper part of the body and other parts of the victim, and the fact that there is no one in the open two parts of the body.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of D;

1. A medical certificate;

1. The body part of the victim's wife and on-site photographs;

1. Application of Acts and subordinate statutes for reporting internal accidents;

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. Reasons for sentencing 0 unfavorable to Article 62-2 of the Criminal Act: The nature of the crime is not good in light of the motive of the crime, the means and methods of the crime, etc. . 0 favorable circumstances: (a) making a net confession of and reflect against the crime; (b) making a smooth agreement with the victim; and (c) making a full agreement with the victim; (d) the degree of damage is not severe. The degree of damage is an initial crime without the record of punishment. The above circumstances and other various sentencing conditions indicated in the records, such as the Defendant’s age, occupation, family relation, sex behavior, environment, conditions before and after the crime, etc., shall be determined as per the Disposition.

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