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(영문) 청주지방법원 2018.11.29 2018고단746
특수상해
Text

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

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

Reasons

Punishment of the crime

On January 26, 2018, the Defendant: (a) around 06:25, on the ground that the drinking value was high in the part of the victim C(47 tax) in the Heung-gu, Chungcheongnam-gu; (b) made the victim’s cell phone owned by the Defendant (Aphone 6S), which is a dangerous object in his possession, teared the victim’s left-hand mash by putting about three times the body of the victim in common; and (c) threatening the victim’s cell phone owned by the Defendant (Aphone 6S), which is a dangerous object.

As a result, the Defendant carried dangerous objects and inflicted injury on the victim, such as the heat pressure trajection on the left-hand side in need of treatment for about 14 days.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Each injury diagnosis letter;

1. A damaged photograph;

1. Application of the Acts and subordinate statutes to photographs by capturing CCTVs;

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. The reasoning of sentencing under Article 62-2 of the Social Service Order Criminal Act is recognized as the crime of sentencing, and is inconsistent with the wrong judgment, and the degree of the defendant's tangible force or damage is not provided to the victim, and the defendant's age, sexual conduct, motive, means and consequence, and all other circumstances constituting the sentencing conditions specified in the records and the theory of changes, such as the circumstances after the crime, shall be determined as ordered by taking into account all the favorable circumstances, including the first offender, and the degree of the defendant's tangible force or the degree of damage.

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