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(영문) 춘천지방법원 2016.08.17 2016고단622
특수상해
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

On January 4, 2016, the Defendant, at around 23:20, suffered injuries, such as snow brush and open body around snow 208, which require treatment for about 61 days in light of the victim’s left-hand eye, due to the depression from the victim D’s telephone.

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

Summary of Evidence

1. Statement by the defendant in court;

1. The part concerning each statement of E, D, and F in the police interrogation protocol against the defendant

1. Each police statement made with respect to E, D, and F;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

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. The reason for sentencing under Article 62(1) of the Criminal Act (the following sentencing grounds) is not set out in the sentencing guidelines.

Although there are no weakness that the victim suffered damage, there is no agreement with the victim until now, there is a disadvantage in terms of the fact that the defendant has not been agreed with the victim, the defendant reflects his fault in depth, the defendant deposited a considerable amount of money with the victim on March 23, 2016, and the crime of this case seems to have been committed contingently, and other circumstances constituting the conditions for sentencing, such as the defendant's age, sex, environment, background, means and consequence of the crime of this case, the circumstances after the crime, etc., shall be determined as ordered in consideration of the sentence.

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