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(영문) 의정부지방법원 2017.07.31 2017고단2724

특수상해

Text

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

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 May 21, 2017, the Defendant: (a) on May 21, 2017, on the following grounds: (b) on the top of the C convenience store in Spocheon-si B, the Defendant continued to perform the bath in front of the C convenience store; (c) on the ground that the victim D (45 aged) who frighted together with the Defendant, was under the influence of alcohol and continued to perform the bath without any justifiable reason, and (d) on the left hand, she laid the victim’s head on one occasion, and laid the victim’s head into two parts of the number of days of treatment.

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made in the police statement protocol with D;

1. Application of the video Acts and subordinate statutes to the victim photograph;

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 risk of the instant crime was significantly high due to the small-scale illness of the victim.

In light of the photographs taken at the time, etc., the body of the victim is not less than that of the victim.

In addition, the crime of special injury in this case requires the sentence of imprisonment to the defendant, since only the statutory penalty provides imprisonment, and the lowest sentence is one year.

However, the punishment shall be mitigated and the execution thereof shall be suspended in consideration of the fact that the defendant led to the crime, the absence of the same criminal record, and the fact that the injured party does not want the punishment of the defendant by agreement with the injured party.