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(영문) 춘천지방법원 원주지원 2017.11.30 2017고단912
특수상해
Text

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

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

The Defendant was a person who returned from B (n, 30 years of age) and deceased until August 4, 2017, and the victim C (34 years of age) was a person who returned from around August 2017 to around December 2017.

On August 18, 2017, the Defendant found B to “E singing” located in D at the original city around 00:00 on August 18, 2017, the Defendant suffered injury to the victim, such as inside and outside the mouth, which requires treatment for about four weeks, by taking the victim’s face again.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol with respect to C and B;

1. The application of Acts and subordinate statutes to each investigation report (at least 11, 12, 14) monthly;

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. Article 62-2 of the Social Service Order Criminal Act provides that a person whose reason for sentencing has been sentenced is that he/she is a woman-friendly body and a private right, and thus, causes a bad quality of crime, such as leaving a potential victim to dangerous things, and committed a brupt crime.

In light of the damaged parts and the degree of damage, the case is not easy.

It is also recognized that the circumstances, such as the fact that the defendant is against the mistake of the defendant, that the victim was fully agreed with, that there was no history of criminal punishment due to the crime of violence tendency, and that there was no history of criminal punishment exceeding the fine.

In light of the aforementioned circumstances, the punishment as ordered shall be determined by comprehensively taking into account the following circumstances, including the Defendant’s age, sex, intelligence and environment, motive, means and consequence of the commission of the crime, and the circumstances after the crime.

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