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(영문) 서울북부지방법원 2017.02.16 2016고단2829

특수상해

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

around 08:00 on 01.07. 08. 08. 08. 00, the Defendant suffered injury to the victim, who was seated in the driver’s seat of the vehicle with a string of about two weeks in order to provide approximately two-time medical treatment to the victim, on the ground that the victim D (68) who was the C Guard was unable to enter the Defendant on the ground that the Defendant was able to avoid any disturbance in C, and that the victim d(68) was able to avoid any disturbance in C, the Defendant inflicted on the victim’s head who was seated in the driver’s seat of the vehicle with a stone string (5cm in diameter) which is a dangerous object.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to criminal investigation reports (victim photographs), investigation reports (the photographs used by the person under investigation for committing the crime);

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

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. The grounds for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act [the scope of the recommended sentence] general injury (the scope of the recommended sentence] shall be determined as the Disposition, taking into account the following factors: (a) the basic area (4 months to one year and six months) (special mitigation / dangerous mitigation / [the victim] of the crime committed by carrying dangerous articles (the decision of sentence] that the victim does not want the punishment of the defendant; (b) the defendant is the primary offender; (c) the criminal record and his/her relationship with the defendant; (d) his/her living conditions (or mental health problems); and (e) the sentence shall be determined as ordered.