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(영문) 청주지방법원 2019.03.28 2018고단2505
특수상해
Text

A defendant shall be punished by imprisonment for not less than eight months.

except that 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 October 7, 2018, the Defendant: (a) around 21:00, at the Cheongju-si Office B’C, the victim D(39 years of age) took the face of the victim one time with the damaged floor, and (b) the victim’s head and the chest part of the victim one time, respectively, and (c) took the victim’s head and knee at five times with the victim’s chest part in knee (hereinafter “kick”), by using the method of 28 days of the victim’s chest, which requires the victim’s treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes of a medical certificate of injury, photograph of the injured part, and photograph of the Speaker;

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

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation ( Taking into account the circumstances favorable to the accused among the reasons for sentencing below);

1. Circumstances that are disadvantageous to the reasons for sentencing under Article 62(1) of the Criminal Act (restatement of circumstances favorable to the defendant among the reasons for sentencing under the following conditions): The conditions that are disadvantageous to the defendant, such as when the victim’s head is faced with, etc., are not good, and the degree of damage is not weak: He/she has agreed with the victim smoothly; he/she is divided into and reflects the crime; he/she has no penal power exceeding the fine for the defendant; and the victim's sexual scisfence against the defendant is effective as the reason for the occurrence of the instant case; and the defendant's age, character and conduct, environment, and circumstances before and after the commission of the crime, etc. shall be comprehensively taken into account all the circumstances that may be considered in the course of the crime; and the sentence shall be determined as ordered.

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