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(영문) 춘천지방법원 원주지원 2017.10.12 2017고단708
특수상해
Text

A defendant shall be punished by imprisonment for one year.

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 4, 2017, the Defendant: (a) at the main point of “C” located in “C” in “C”, and (b) at the victim D (57) during the victim’s dancing, the Defendant brought up two parts of the victim’s head back to the beer mar, which is a dangerous thing, while taking the victim’s test, and taking the victim’s test; and (c) the victim’s head was unable to know the number of days of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes, such as related photographs;

1. Article 258 (1) and Article 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 Criminal Code of the Social Service Order and Article 62-2 of the Social Service Order was to inflict bodily injury by getting the victim's head and then, the crime is considerably poor.

There is a history of criminal punishment on several occasions, including suspended execution, due to violent crimes.

Considering the fact that the degree of damage seems not to be severe (the victim did not receive the hospital treatment), and that there is no record of criminal punishment for committing the crime of violent inclinations after 2007, the execution of punishment shall be suspended for a certain period, but the community service and the protection observation shall be ordered.

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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