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(영문) 의정부지방법원 2017.05.10 2017고단1064

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 two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

Defendant

A is the former affairs of the “C” located in both weeks, and the victim D is the agent of the “C”.

On December 23, 2016, the Defendant: (a) held a meeting within the E 1st floor F restaurant in the event of the sports 20:00 on December 23, 2016; and (b) held the Defendant’s words “the employees are different.”

“In the face of the injured party, the front and the main illness were in the face of the injured.”

The defendant puts the victim on the left-hand side of the second week medical treatment, which requires two weeks of treatment, and the summary of the evidence

1. Statement by the defendant in court;

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

1. Each description of damaged photographs and written diagnosis of injury and the application of video Acts and subordinate statutes;

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 crime of special injury in this case only prescribes imprisonment with prison labor as a statutory penalty.

However, the execution of a sentence shall be suspended in consideration of the fact that the defendant led to the confession of the crime, that the victim does not want the punishment of the defendant by agreement with the victim before the prosecution, and that the victim does not have the same criminal record or suspended execution.