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(영문) 대전지방법원 서산지원 2017.11.17 2017고단652
특수상해
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On June 22, 2017, at the main point of "D" located in Jin-si, Jin-si, the Defendant: (a) while drinking with the victim E (34 taxes) and talking with the victim, “I am unable to know it well,” the Defendant saw the victim’s horse as his hand, and saw the victim’s head three times, and put about about five times the victim’s right-hand eye by drinking the victim’s head and five times.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Each written statement of E and G;

1. Application of Acts and subordinate statutes to field photographs and diagnostic certificates;

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 to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act of the community service order: The punishment as ordered is determined in consideration of all the conditions for sentencing, such as the fact that the risk was high, such as when the head is taken with dangerous things, the degree of injury to the victim is not excessive, the fact that the victim's degree of injury is not excessive, the fact that the victim's age, sexual behavior, environment, relationship with the victim, and circumstances leading to the crime, etc.

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