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(영문) 전주지방법원 2016.10.20 2016고단1109
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

On June 25, 2016, around 23:30, at the main point of “G” located in Seojin-gu Seoul Special Metropolitan City F, the Defendant took two times the head of the Victim H (33 years of age) on the ground that the victim H (33 years of age) who drinking alcohol was aware of the Defendant’s family affairs.

As a result, the Defendant carried dangerous things and carried them for about three weeks to give medical treatment to the victim, and the Defendant got two parts, confection, salt, and sprinking.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of H;

1. A written diagnosis of injury;

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 for discretionary mitigation;

1. Article 62 (1) of the Criminal Act, Article 60 (3) of the Juvenile Act;

1. The reason for sentencing of Article 62-2 of the Criminal Act on probation and community service order was that the defendant assaulted the victim with the glass cup, which is a dangerous object under the influence of alcohol.

However, there is a serious conflict between the defendant and the defendant.

The victim's injury is not a significant part even though it is often committed.

The defendant has no history of criminal punishment exceeding a fine.

The defendant deposited 3 million won for the victim.

In addition, the sentencing conditions of the defendant, such as age, character and conduct, family relationship, details and contents of the crime, and circumstances after the crime, shall be determined as ordered.

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