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(영문) 청주지방법원 영동지원 2016.12.22 2016고단134
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

At around 21:00 on August 31, 2016, the Defendant misleads the victim F (54 years of age) who had a diving office in D, E and alcohol in C offices located in the Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do, that he was able to take a bath to D while having a dispute about D and age, and he was able to take a bath to D, and caused the victim's head to be 14 days of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. A report on investigation (the sequence 10 in list of evidence);

1. Application of field photographs, victim photographs statutes;

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

2. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

3. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The sentencing criteria are not yet prepared for special injury crimes provided for in Article 258-2 of the Criminal Act, which was newly established on January 6, 2016, as to whether the sentencing criteria are applied.

2. The crime of this case by which the Defendant committed the instant crime was sentenced to death, resulting in the Defendant’s injury by leaving an empty brue, which is a dangerous thing, to the head of the victim.

However, on the other hand, there are circumstances that can be taken into account the motive and background of the victim's abusive theory that the victim made another person mistake as to himself/herself, and that the victim committed a crime with contingent impulses.

Furthermore, the defendant has expressed that the victim does not want the punishment against the defendant under the agreement with the victim.

The defendant was committed by the crime of this case, and his mistake was divided, and even now there was no record of punishment or punishment heavier than fine.

While the defendant with a physical disability Grade 6 has to support the defendant's family members and branch members, he/she is in the position that the defendant should support the defendant's disease due to the cryrosis.

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