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(영문) 의정부지방법원 2016.08.12 2016고단2353

특수상해

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On June 3, 2016, around 00:55, the Defendant, at the restaurant of “D” in “D,” located in “D,” the victim E (n, 34 years of age) and the victim E (n, 34 years of age), had been exposed to the head of the injured party, who caused the fraud, which is a dangerous article on the table.

The Defendant, carrying dangerous objects, and assaulted the victim, thereby causing bodily injury to the victim of a size of 2 cm, which is accompanied by two blood species requiring treatment for about 14 days.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement in the police statement protocol against E;

1. Descriptions of water cup photographs, copies of on-site CCTV images, descriptions of the injury diagnosis report, and the application of video-related Acts and subordinate statutes;

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 reason for sentencing under Article 62(1) of the Criminal Act (the following sentencing grounds repeated) (the sentencing criteria are not yet set out for special injury crimes under Article 258-2 of the Criminal Act, which was newly established on January 6, 2016, and thus, the sentencing criteria are not applicable.)

The punishment as ordered shall be determined by taking into account the following circumstances: (a) the accused has led to the confession of a crime; (b) the victim has not been seriously injured; (c) the victim has agreed upon and submitted separate written applications to the effect that he/she would not want the punishment of the accused; (d) the victim does not have any criminal record of the same kind or suspended execution; and (e) the fact that there is no criminal record of the same kind of criminal record or suspended execution