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(영문) 청주지방법원 제천지원 2018.07.19 2018고단128
특수상해
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

On April 29, 2018, around 20:10, the Defendant, while drinking alcohol together with the victim D (56 tax) (the victim), who had his/her own tobacco before the residence of the Chungcheongnamyang-gun C, suffered injury to the victim, such as cerebral celebs, etc., where approximately 14 days of head of the victim was found to be dead due to the flasing of the victim’s flasing of flas, and the flasing of the flasing of flas by hand and flasing his/her flasing of flas.

Accordingly, the defendant carried dangerous objects and injured the body of the victim.

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 of the injury diagnosis 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. The grounds for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the reasons for sentencing as set forth below) and other conditions of sentencing as set forth in the records, including the Defendant’s age, occupation, sex, family relation, and circumstances before and after the commission of the crime, shall be determined by taking into account the following circumstances.

Unfavorable circumstances: The nature of the crime and the circumstances of the crime are heavy, as the main disease of the victim, which is a dangerous object, has inflicted an injury upon the head of the victim.

The favorable circumstances: The mistake is recognized and reflected.

2,00,000 won shall be paid to the injured party and the injured party shall not be punished by the accused.

The defendant is aged.

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