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(영문) 서울북부지방법원 2016.11.15 2016고단3483

특수상해

Text

A defendant shall be punished by imprisonment for six 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 02:00 to 03:00 on July 25, 2016, the Defendant, at C plant located in Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul, when the Defendant, who is a minor son D and the victim E (the age of 19) live together without the Defendant’s permission, she gets off the victim, etc., by a person (1m in length) who is located at the stech lease, which is a dangerous object in the factory, and reached the 2m in length, which is a dangerous object (2m in length).

As a result, the Defendant carried dangerous things, and inflicted an injury on the victim, such as gambling, on the part where the treatment period cannot be known.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. E statements;

1. Investigation report (for things used by a suspect for committing an offense),

1. A report on investigation (with regard to the state of the victim);

1. Application of Acts and subordinate statutes to investigation reports (in respect of the declines used by a suspect for committing the crimes),

1. Articles 258 and 257 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of applicable sentences under law: Imprisonment for six months to five years; and

2. Scope of recommendations based on the sentencing criteria: Offenses for which the sentencing criteria are not set.

3. Determination of sentence shall be made in the same manner as the Disposition, taking into consideration all the circumstances shown in the pleadings of this case, such as the following circumstances, age, family relationship, and tendency of the defendant:

The favorable circumstances: The defendant is divided into and reflected against his own crime; the circumstances leading to the crime of this case; and the details of the written agreement in which the victim's intention not to punish was submitted before the prosecution is instituted; the risk of the tools used for the crime of this case; the victim's injury and the degree of damage, etc.;