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(영문) 의정부지방법원 고양지원 2016.12.16 2016고단3263
특수상해
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

At around 23:00 on October 26, 2016, the Defendant, while drinking alcohol together with the victim D (year 42) in a restaurant with the trade name “C” located in Seoyang-gu, Seoyang-gu, Seoyang-gu, Seoyang-gu, Seoyang-si, on the ground that the victim, who was lower than the Defendant, committed an anti-end act on the part of the Defendant, she laid the head of the victim once on the ground that the victim, who was a dangerous object on the table, did so.

As a result, the defendant carried dangerous objects and carried them about two weeks of treatment, which requires two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Photographs of the injured part of the victim;

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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The method of committing a crime using dangerous articles by the defendant for the reason of sentencing under Article 62(1) of the Criminal Act is not good and the previous circumstances are disadvantageous to the defendant.

However, it is reasonable to consider the defendant's attitude to reflect and agreed with the victim.

In the above circumstances, the sentencing conditions specified in the trial process of this case, such as the defendant's age, character and conduct, family relationship, family environment, motive and means of crime, and circumstances after crime, shall be determined as ordered.

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