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(영문) 의정부지방법원 2017.07.12 2017고단1674

특수상해

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On March 20, 2017, at around 02:25, the Defendant: (a) brought an injury to the part-time employee working at the above convenience store on the ground that the service did not appear in mind; (b) on the ground that the victim E ( South and the age of 31) was prevented from doing so; (c) on the ground that the victim E (the age of 31) was in progress at the above convenience store; and (d) on the ground that the victim E (the age of 31), who was in danger in the above convenience store, was placed in the victim’s face at one time; and (d) on the part of the victim’s face, the victim inflicted an injury, such as an open part of the left part of the victim, which requires approximately two weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of each police statement with respect to E and F;

1. On-site photographs, photographs of victims, each written diagnosis of injury, and the application of video Acts and subordinate statutes;

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

1. Reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the reasons for sentencing as set forth below) (The sentencing criteria are not applied since the sentencing criteria are not yet set out for special injury crimes under Article 258-2 of the Criminal Act newly established on January 6, 2016).

In the special injury crime, only imprisonment is prescribed as a statutory penalty, and the lowest limit is one year.

The risk of the instant crime using each item was high, and the victim was subject to the tearing surgery (13,20 pages of evidence). The Defendant was investigated by the police and stated that he/she did not wish to agree with the victim (42 pages of evidence record) is not good after committing the crime.

However, the execution of punishment shall be suspended in consideration of the fact that the defendant led to the crime, there is no previous conviction or more than the suspension of execution, and the fact that he made efforts to recover damage by depositing KRW 2 million for the victim after the closure of pleadings.