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(영문) 춘천지방법원 영월지원 2017.01.17 2016고단484
특수상해
Text

A defendant shall be punished by imprisonment for not less than eight 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 October 18, 2016, the Defendant: (a) 21:30 on October 18, 2016, on the grounds that there was no rasher in drinking with the victim D (42 tax) and Malaysia, and (b) on the left hand, the Defendant saw the victim’s face as a hand, which is a dangerous object on the customer’s face; (c) putting the victim’s eye back one time on the left hand; and (d) taken several steps on the victim’s body that was beyond the floor.

As a result, the defendant put a eyebrow on the left side of the treatment days to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against D;

1. E statements;

1. Records of medical treatment;

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 to mitigate small amount;

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

1. The reason for sentencing under Article 62-2 of the Social Service Order Act, taking full account of the following factors: (a) unfavorable circumstances such as the nature of the crime of this case is extremely poor in light of the tool and method of the crime of this case; (b) favorable circumstances such as the victim’s failure to want punishment by mutual consent; and (c) the Defendant’s age, sex, criminal conduct, environment; (d) motive, background, means, methods, and consequences leading to the crime of this case; and (e) various factors of sentencing as indicated in the records and theories of this case

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