특수상해
A defendant shall be punished by imprisonment for six 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.
Punishment of the crime
On November 10, 2017, the Defendant continued to use his own car as a parking lot in the D’s door located in the Namyang-si, Gyeonggi-do, 09:45 on November 10, 2017. On the other hand, the Defendant: (a) divided the victim E (28 taxes) who followed the Defendant’s back into a parking lot; (b) took one tree bar, which is a dangerous object in the neighboring garbage incineration house, and continued to use his arms and part of the victim’s arms once every time; and (c) put the victim’s breast part with knenee, which requires treatment for about 21 days.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement of E;
1. Each entry in the victim's upper part of his/her body photograph, death diagnosis report, field and CCTV screen pictures, and the application of the Acts and subordinate statutes on CCTV screen CDs;
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.)
In the special injury crime, only the statutory penalty is prescribed, and the minimum sentence is one year, so the defendant must be sentenced to imprisonment.
However, the punishment shall be mitigated and the execution thereof shall be suspended by taking into account the fact that the defendant is against the confession of the crime, that there is no criminal conviction or more than the suspension of execution, that there is an agreement with the victim.