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(영문) 청주지방법원 2018.11.22 2018고단2043
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

The Defendant, at around 00:50 on July 19, 2018, at the “C” store located in Cheongju-gu, Seowon-si, and at around 00:50 on July 19, 2018, the Defendant, who had been living together with D and the victim E (36 years of age), expressed D and C with respect to the Defendant’s desire for the victim before drinking, would be exempted from the Defendant’s speech that the Defendant “A. Ga.” would have the Defendant’s speech that the victim had immediately called “A. Ga.”

How to reduce N.C.

’라고 말한다는 이유로 화가 나 그곳 테이블 위에 놓인 위험한 물건인 소주병을 들어 피해자의 머리 부위를 1회 내리치고, 쓰러진 피해자의 온 몸을 발로 3~4 회 걷어찼다.

In this respect, the defendant carried dangerous things with the victim about two weeks of treatment, which requires two weeks of treatment, and the body of the math and the body of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A damaged photograph;

1. Application of Acts and subordinate statutes of a medical certificate;

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. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Sentencing Criteria [Scope of Recommendations] Class 1 (Special Bodily Harm) (Special Bodily Harm) in the mitigation area (4 months to 1 year), penalty not (including serious efforts to recover damage), or where considerable damage has been restored to a certain part) in the mitigation area (4 months to 1 year), or punishment not for a person subject to special mitigation (including serious efforts to recover damage): Consideration of punishment by one year;

2. The sentence shall be determined as ordered by taking into account the following circumstances following the determination of sentence and other conditions of sentencing as shown in the records, such as the defendant's age, occupation, sex, family relationship, and circumstances before and after the commission of the crime.

The fact that the nature of the crime is poor, such as inflicting injury on the victim due to a dangerous object, the fact that there is a record of punishment once as a violent crime, the fact that there is a strong agreement with the victim, the fact that there is no record of punishment more than the suspension of execution.

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