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(영문) 전주지방법원 군산지원 2017.01.11 2016고단1038

특수상해

Text

A defendant shall be punished by imprisonment for not more than ten 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

The defendant is a person who resides in the North Gun of North Korea and rents farmland to the North Gun of North Korea and is living in the North Gun of North Korea.

On February 2, 2016, the Defendant provided accommodation to the victim and introduced jobs by introducing the victim C (C, female, 62 years of age) of Vietnam nationality victim C (C, and 62 years of age) from the victim's fraud. However, on April 22, 2016, the Defendant assaulted the victim by discovering the victim's bucks and softs (1 meter in length) in each item (1 meter in length), which is a dangerous object, while the victim did not engage in cleaning and had a reasonable appraisal for the victim. < Amended by Act No. 1437, Apr. 24, 2016; Act No. 14448, Apr. 14, 2016; Act No. 1487, Apr. 24, 2016>

As a result, the Defendant carried dangerous objects with the victim about about 56 days of treatment, and inflicted multiple injuries on the victim, such as sexual intercourses.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to C and D;

1. A protocol of seizure and a list of seizure;

1. A medical certificate of injury, certificate of release from injury, and medical records;

1. Application of Acts and subordinate statutes to photographs and written complaints;

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 community service order under Article 62-2 of the Criminal Act;

1. Where the reason for sentencing under Article 48(1)1 of the Confiscation Criminal Act (amended by Act No. 48(1) of the Confiscation Criminal Act / [the scope of recommendation] general injury [the person who has been specially mitigated] (including efforts to recover damage) or considerable partial damage has been restored / Where the person committed a crime by force of an organization or multiple groups, or carried with a deadly weapon or other dangerous articles (except where the group of special bodily injury or special injury to a repeated crime applies as of February 2] (the decision of sentence] the defendant is committed against his/her mistake, and the criminal records have been punished for the same kind of crime.