(영문) 대전지방법원 공주지원 2017.09.01 2017고단163

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(영문) 대전지방법원 공주지원 2017.09.01 2017고단163

특수상해

Text

A defendant shall be punished by imprisonment for one year.

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

At around 07:20 on June 1, 2017, the Defendant: (a) 201 on the 201 roof of the C apartment house in the official city around 07:20, the Defendant was faced with the Defendant’s retail on the face at the rooftop door, and the injured party was faced with the Defendant’s retail on the roof door, and the Defendant was faced with the Defendant’s body. On the other hand, the Defendant 11cm off the body of the victim, which is a dangerous thing at the same time, and 6cm down the head of the victim’s body, caused approximately two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of each police suspect against the accused;

1. Statement made by the police against D;

1. 112 Reports on the handling of reported cases, and each internal investigation report (the state of victim, the number of suspects, and the investigation);

1. A certificate of injury diagnosis, or a copy of medical records;

1. The application of photographs and photographs taken by police officers dispatched to the scene and the Acts and subordinate statutes;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is that the defendant could have caused serious consequences to the victim's head by a brick, which is a dangerous object, in light of the fact that the defendant might have caused serious consequences.

However, it shall be taken into account the fact that the defendant has no criminal record of the same kind, surrenders himself immediately after the crime, confession and reflects his depth, and that he has agreed with the victim.

In this context, considering various circumstances such as the defendant's age, sex, circumstances of the crime, and circumstances after the crime, the punishment is determined as ordered.

참조조문

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