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(영문) 의정부지방법원 2016.11.15 2016고단3969

특수상해

Text

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

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

around August 7, 2016, the Defendant and the victim B (the age of 25) drinked alcoholic beverages at the main point of "D" located in Scheon-si around 2016.

At around 03:25 on the same day, the Defendant left the body of the victim's head, etc., and got about two weeks of face, etc., which is a small-scale disease, which is an object dangerous to be punished by the victim and the vagabonds.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the interrogation of suspects of E;

1. Each police statement related to F, G, and B;

1. A H statement;

1. A report on investigation;

1. Photographs photographs of damaged parts, and photographs of damaged parts;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

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

1. Circumstances unfavorable to the reasons for sentencing under Articles 53 and 55(1)3 (C) of the Criminal Act for discretionary mitigation of punishment: The illegality and risk of an act is high in that it inflicts bodily injury on the principal of a dangerous object, and thus, requires a strong need for punishment; recent years, violence has been strong and violent tendencys such as taking a disposition not to institute a prosecution twice or more due to the crime of assault, suspension of indictment due to the crime of injury, and taking a disposition not to prosecute the crime of injury: The fact that the defendant recognized and is in profoundly against the victim; the defendant has no history of inducing the crime; the defendant has no history of receiving a more criminal punishment than a fine; seven million won has been given to the victim after the crime; other facts: The above circumstances and the defendant's age, character and behavior, occupation, environment, circumstance, means and consequence of the crime; and the circumstances after the crime, etc. shall be determined as per the order of punishment in consideration of all the conditions for sentencing.