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(영문) 대전지방법원 서산지원 2017.07.21 2017고단384
특수상해
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 6, 2017, the Defendant 15:38 around 15:38, 2017, in the “C cafeteria” located in Chungcheongnam-gun B, Chungcheongnam-gun, Chungcheongnam-do, for the reason that the victim, while drinking alcohol together with the victim D (41) was unbured, was in a view of the gate gate, which is a dangerous object at the between the two vehicles located outside the above cafeteria, and the Defendant continued to sound, and the son was not erroneous for the victim.

The term “Agrogate” refers to “Agrogate,” and the head of the victim was lowered once.

After all, the defendant carried dangerous articles and carried the victim's two strings in 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. On-site CCTV CDs, CCTV photographs, site images, and damaged photographs;

1. Application of present Acts and subordinate statutes under subparagraph 1 of this Article;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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

1. Circumstances unfavorable to the reasons for sentencing under Article 48(1)1 of the Criminal Act of confiscation: The circumstances favorable to the point that the risk was high, such as when the head is taken with dangerous articles: An agreement with the victim, and there was no same criminal record; or

The punishment shall be determined as ordered in consideration of all the conditions for sentencing, such as the fact that there is no past record of punishment exceeding a fine, the fact that it is against the defendant's age, sex, environment, relationship with victims, circumstances leading to the crime, etc.

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