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(영문) 춘천지방법원 2016.12.14 2016고단1052
특수상해
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 23, 2016, the Defendant, along with the Victim C (52 years of age) and D, was hospitalized in the E Hospital as a stimulence math of alcohol, and was accommodated into Gel 301 in Chuncheon City F.

At around 13:00 on July 23, 2016, the Defendant: (a) when there has occurred a dispute between the victim and D while drinking the victim, D and alcohol; (b) when the victim came to be in line with the victim, the Defendant turned the head of the victim one time with an empty disease, which is a dangerous object at the same time, and caused the victim to put the head of the victim into two parts of the number of days of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol concerning suspect interrogation of C;

1. Application of Acts and subordinate statutes to medical reports;

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

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. The reason for sentencing is not set forth in Article 62(1) of the Criminal Act (the following sentencing grounds).

In light of the content and risk of the crime of this case, the nature of the crime of this case is not easy, and the defendant has already been punished as a violent crime, and there are some unfavorable circumstances.

Meanwhile, the Defendant reflects his mistake in depth, and the Defendant agreed with the victim, and the victim does not want to be punished against the Defendant, and the Defendant appears to have committed the instant crime with the victim as the Defendant came to meet with one another, and the Defendant appears to have committed the instant crime by accident. Moreover, the instant crime was committed under the Defendant’s hospitalization of the disease, namely, “brain disease, brain damage and brain disorder, and other chronological personality and behavioral disorder caused by cerebral function, and other climatic personality and behavioral disorder caused by alcohol use,” and it appears that such disease was one cause for the instant crime. As such, the instant crime was committed.

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