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(영문) 청주지방법원 2018.01.11 2017고단1991
특수상해
Text

A defendant shall be punished by imprisonment with prison labor for up to six 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 July 23, 2017, at around 18:30, the Defendant heard the phrase “compacting” from the victim D (62:3) who is the next place customer, while drinking alcoholic beverages together with drinking alcoholic beverages at a restaurant located in Heak-gu, Chungcheongnam-gu, Chungcheongnam-gu, Cheongju, the Defendant: (a) sent back the victim’s back water to an empty station, which is a dangerous object of chemical weather; (b) turned down the victim’s back water on one occasion; and (c) caused the victim’s damage, such as a knife on the left side of the victim, and a knife, a knife, a knife and a knife knife, which requires treatment for about two weeks on the left side of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A report on internal investigation (or report on internal investigation by a witness E);

1. A damaged photograph and on-site photograph;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Relevant Article 258-2 (1) and Article 257 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

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. The elements of sentencing unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The defendant needs to be punished with strict punishment in light of the method and risk of the crime, such as when he/she takes the head due to an oral illness and fluoring him/her around his/her eye due to his/her shocking illness. Sentencing factors favorable to o: contingent crimes. Agreement with the victim is recognized. Recognizing errors and reflects on the degree of punishment under Article 51 of the Criminal Act.

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