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(영문) 의정부지방법원 2018.09.19 2018고단2014

특수상해

Text

A defendant shall be punished by imprisonment for one year.

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 May 4, 2018, the Defendant, at D’s house located in Gyeonggi-gun C around 23:30 on May 4, 2018, performed a dispute with the victim E, who is not good for peace, while drinking together with the victim E.

"Abrecker's kitchen, which is a dangerous object to listen to and return to his house, is 32 cm in total length, 20.5 cm in length) and the victim was found to be "Abreh", and the victim was able to do so in his/her hands, who tried to bre the kitchen in his/her right hand, and prevented the kitchen from being breged by his/her hand, and caused the victim's injury to the victim, such as holding the unclaimed left hand in the number of days of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Evidential materials photographs and damaged photographs;

1. Statement made by the police for E;

1. Application of existing Acts and subordinate statutes under subparagraph 1 of this Article;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Orders to observe protection and attend lectures under Article 62-2 of the Criminal Act;

1. Reasons for sentencing under Article 48(1)1 of the Confiscation Criminal Act [the scope of recommendations] : The crime in this case is highly likely to be committed in light of the attitude or method of punishment, and the degree of comparative sentencing between 1 and 2 years and 6 months where the mitigation area (one year and June 6 to 2 years), the mitigation area (including a person who has been specially mitigated), the punishment of a person who is not subject to punishment (including a serious effort to recover damage) or considerable damage, or where considerable damage has been recovered.

However, the fact that the victim does not want the punishment of the defendant and the victim's injury is not significantly serious, that the defendant has no criminal record of the same kind of crime since 1991, and that there is no other criminal record of the same kind of crime after 191, and that the defendant's age, sex, environment, motive, means and result of the crime of this case.