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(영문) 청주지방법원 2019.06.11 2019고단622
특수상해등
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten 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 March 8, 2019, at around 01:10, the Defendant: (a) went out of the above main point, following the Defendant’s disturbance, such as frightening a disturbance, such as booming a man and drinking with a man in the “D” operated by the Victim C (A, who is aged 46) in the petition-gu B.

After diving, the Defendant: (a) took a 2 strub (the length of 30cm and the thickness of 5 cm) from the brub at the entrance of the main point; (b) 300,000 won in the market price owned by the victim; and (c) the victim, who divided Defendant’s conduct and talk, met the victim’s shoulder at the 2 strub of the said 2 strub.

As a result, the Defendant damaged the victim’s property and inflicted an injury on the victim, such as “damage to the diversity of following arms,” which requires an open treatment for about three weeks, by assaulting the victim with a dangerous object.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A report on the inspection of occurrence of a case, and a report for the settlement of a case;

1. Application of Acts and subordinate statutes of a photograph and bodily injury certificate;

1. Relevant provisions of the Criminal Act and Articles 258-2 (1), 257 (1) (a point of special injury), and 366 (a) of the Criminal Act for the crime;

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

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (a fact that the degree of injury is not relatively heavy, etc.);

1. Article 62 (1) of the Criminal Act (the same Article shall not apply to any person who has no criminal record of the suspended sentence of the same kind);

1. Article 62-2 of the Criminal Act of the community service order (the same shall apply to the cases where the number of punishment records related to drinking including the actual type of force is many and there is no effort to compensate

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