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(영문) 대전지방법원 공주지원 2018.08.17 2018고단268
특수상해
Text

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

The Defendant, at around 01:20 on May 21, 2018, under the main point of “C” located in Sinju City B, while drinking alcohol together with the Defendant’s victim D (23:3). At the time, the Victim E (23 years of age) was a female job-friendly victim E (V), who had been drinking in the next table table, was using the Defendant and the victim D, and the victim D was using the table in the rear side.

"Along with the end of the body of the victim, the victim D caused the injury to the victim E, i.e., the victim D's main unit, which is a dangerous object on the table of the table of the above main unit, i.e., the victim D's main unit once, i.e., the disease caused the victim D's head part once again by another main unit, and ii) the victim D's head part once again by the other main unit of the shoulder, and ii) the victim D's multiple heat, etc. requiring approximately 4 weeks of treatment, and then the victim E's shoulder part by the main unit once, caused the victim E's injury to the left part requiring approximately 2 weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or E;

1. Each injury diagnosis letter;

1. Application of the CD 1 statute

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

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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 reason for sentencing under Article 62-2 of the Criminal Code of the Social Service Order is that it is not good to consider the method of crime and its resulting result.

However, the execution of a sentence shall be suspended considering the favorable circumstances that the defendant has agreed smoothly with the victims and that there is no criminal record exceeding the same kind of criminal record or fine.

In addition, the defendant's age, sex, environment, occupation, motive and consequence of the crime, circumstances after the crime, etc. shall be comprehensively considered, and the punishment as ordered shall be determined by taking into account the records of this case and the various sentencing conditions shown in the trial process.

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