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(영문) 춘천지방법원 강릉지원 2016.09.09 2016고단909
특수상해
Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

피고인은 2016. 5. 24. 15:10 경 강릉시 C에 있는 D 식당에서, 피해자 E(50 세) 와 과거 공사대금 문제로 이야기를 하며 말다툼하던 중 화가 나, 그 곳 테이블 위에 있던 위험한 물건인 맥주병을 집어들어 피해자의 머리 부위와 팔 부위를 각 1회 내리치고, 주먹으로 얼굴 부위를 수회 때리고, 손으로 피해자의 멱살을 잡고 식당 밖으로 끌고 나가 발로 몸과 턱 부위를 걷어찼다.

Defendant carried dangerous things as above and caused the victim to suffer bodily harm of the second spons, damage to the sphere, and sphere, which requires treatment for about two weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A report on investigation;

1. Application of Acts and subordinate statutes of a medical certificate;

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

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Although the suspended sentence can have had the same record as the reasons for sentencing under Article 62(1) of the Criminal Act (the grounds for reducing the amount of punishment, etc. mentioned earlier), the crime of this case was committed in the instant case, it is unfavorable or contradictory to the fact that it was committed, and the victim and the victim have agreed smoothly, the circumstances leading up to the occurrence of this case, the degree of injury to the victim is not relatively heavy, the defendant's family environment and support relationship (the support for the elderly by negligence after divorce) are considered as favorable circumstances, and the execution of the sentence is suspended.

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