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(영문) 대전지방법원 공주지원 2019.08.23 2019고단198
특수상해
Text

A defendant shall be punished by imprisonment for one year.

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 05:30 on January 26, 2019, the Defendant: (a) reported the victim D (30 years of age) and E (26 years of age) to the head of the main office and the main office of the branch office of the Defendant; and (b) took a dispute with the victims by stating that the victim D (30 years of age) would be punished for trial expenses; (c) while the victims were able to take care of the victims, the victim D took a bath, which is an object dangerous to the victim D; and (d) made radio microphones and drinking with the victim who was spawn, and caused it, two times of the victim D’s left eye, and three times of the back water part; (d) continuously taking the victim E-mail into account the Defendant’s e-mail; and (e) continuously taking the victim’s treatment of the victim’s e-mail, the victim’s injury was caused by the victim’s injury to the victim’s e-mail for two days during which the treatment was conducted.

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

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of D or E;

1. A written diagnosis of injury;

1. Each medical records;

1. Application of statutes on site photographs;

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

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

1. Article 62 (1) of the Criminal Act;

1. The fact that the degree of injury of the victims of the reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is not somewhat weak, and that the defendant has been sentenced to suspended sentence of imprisonment due to violent crimes in the past is disadvantageous.

However, the execution of a sentence is suspended considering the fact that the defendant agreed smoothly with the victims and there is no other punishment power, and there is room for giving the opportunity to open the sentence last.

In addition, various conditions of sentencing, such as the defendant's age, character and conduct, environment, occupation, family relationship, motive of crime, circumstances after crime, etc., shall be comprehensively taken into account.

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