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(영문) 광주지방법원 2018.11.08 2018고단3626

특수상해

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

From around 09:30 on August 14, 2018, the Defendant: (a) from around 09:30 on August 14, 2018, the Defendant: (b) from the time the Victim K (24; (c) paid the loan to himself, continued liaison; (d) from around 09:30 on August 14, 2018, the Defendant had an electronic shock machine and mountain blade, which is a dangerous object in front of the Victim’s house located in Seo-gu L, and waiting for the Victim; (c) around 12:15 on the same day, the Defendant opened the entrance door and pushed the Victim out into the house; (d) carried the Victim’s arms and bridge parts into the said electronic shock machine and carried the Victim’s arms and legs part several times; and (e) carried the Victim’s arms and legs for approximately

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the public prosecutor of K and each police officer;

1. Each protocol of seizure and the list of seizure;

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes to each investigation report (the Nos. 13, 14, 17 of the evidence list);

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Article 62-2 (1) of the Criminal Act, the main sentence of Article 62-2 (2) of the Social Service Order Act, and Article 59 of the Act on the Observation, etc. of Protection;

1. Reasons for sentencing under Article 48(1)1 of the Confiscation Criminal Act / [the type of punishment / [Special Sentencing] Class 1 of the Act on the Punishment of Specific Bodis and Cumulative Assaults (Special Bodis) (Special Sentencings) - The elements for mitigation are not punishable - The basic sphere of the crime motive [the scope of recommendation] [the scope of recommendation] six months to two years [the general person subject to sentencing]] there is no record of criminal punishment of mitigation factors / The above sentencing factors and the degree of damage from the crime of this case, the background and method of the crime of this case, etc. shall be considered.