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(영문) 의정부지방법원 고양지원 2017.05.12 2016고단3854

특수상해

Text

A defendant shall be punished by imprisonment for not more than ten 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

[criminal records] The Defendant was sentenced to a suspended sentence of two years on December 24, 2016, for a special injury in the Goyang Branch of the Jung-gu District Court on December 16, 2016, and the said judgment was finalized on December 24, 2016.

[2] On June 16, 2016, the Defendant: (a) under the influence of alcohol in the vicinity of the Defendant’s residence located in Goyang-si, Gyeonggi-do; (b) led the Defendant’s wife D to the victim E (28 taxes); (c) led the Defendant to contact with the Defendant’s telephone; and (d) went to the Defendant’s body at the same time; and (d) went to a flood mon (1m in length, about 4cm in diameter), which is a dangerous object carrying the victim’s body at the vehicle after parking; (d) continuously led the victim to nearby play, and led the victim to the said dangerous object; (e) led the victim to the victim’s body at the Defendant’s residence, kneeing the victim’s head and body; and (e) led the victim’s head and body to the victim’s body at the ward; and (e) led the victim to the victim’s injury to the victim’s head and body by taking care of the victim’s body at the same time.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Statement made by the police against D;

1. A written diagnosis of injury;

1. Previous conviction: Application of a copy of judgment;

1. Article 258-2 of the Criminal Act applicable to the facts constituting an offense and Articles 258-2 and 257 (1) of the Criminal Act that choose a penalty;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Articles 53 and 55(1)3 of the Criminal Act to mitigate the amount of punishment (see, e.g., circumstances leading to the instant crime, degree of damage inflicted upon the victim, circumstances in which the Defendant could have been tried together with the judgment of the suspended execution as seen earlier);

1. Article 62 (1) of the Criminal Act (resumed as the grounds for the suspension of execution);