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(영문) 청주지방법원 충주지원 2018.02.06 2017고단948
특수상해
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On September 12, 2017, at around 21:40, the Defendant collected beer residues in favor of the victim C (here, 48 years of age) who had been seated with one’s own alcohol while drinking alcohol together with one’s own alcohol, and without any justifiable reason, who had been seated with the victim’s coke, she was frighted with a dangerous object, under the influence of alcohol.

As a result, the Defendant put the victim into a diversified state of diversity, which requires treatment for about 28 days.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Reporting on the arrest of a case;

1. On-site and bodily injury photographs;

1. A medical certificate of injury and an injury photograph;

1. Reports on internal investigation by victims;

1. Application of the investigative report (the name of the crime and the review report of the legal principles of the applicable law)

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

1. There is no provision of the sentencing criteria for special injury for reasons of sentencing in Articles 53 and 55(1)3 of the Criminal Act for mitigation of small amount.

The Defendant made a confession of all of the crimes of this case and is in profoundly against the Defendant.

A defendant shall not be subject to criminal punishment for any reason other than being subject to a fine of KRW 500,00 by interfering with business affairs in 2016.

However, the crime of this case is punishable by imprisonment with prison labor, considering the following: (a) the Defendant, while under the influence of alcohol, did not make any effort to recover damage; and (b) the Defendant did not receive any stuff from the injured person, without any justifiable reason, in light of the method, circumstance, and consequence of the crime; (c) the nature of the crime is inferior in light of the method, circumstance, and consequence; and (d) the mental suffering suffered from the crime of this case is deemed to have not been substantial; (c) the Defendant was

In addition, the punishment as ordered shall be determined in consideration of various conditions of sentencing, such as the age, sex, environment, motive and circumstance of the crime, and circumstances after the crime.

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