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(영문) 서울북부지방법원 2017.02.10 2016고단5323

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 becomes final and conclusive.

Reasons

Punishment of the crime

On October 22, 2016, at around 22:45, the Defendant, at around 105, suffered bodily injury, such as two open skins, which require approximately 2 weeks of treatment by leaving the victim’s head and head of the victim D (V, 27 years of age) in his/her hands, with the Defendant’s head and head of the victim D (V, 27 years of age) who is his/her employee, with approximately 2 weeks of treatment.

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of the Acts and subordinate statutes on diagnosis of an injury, and photographs taken by damaged parts;

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 reason 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] under Article 62(1) of the Act on the Suspension of Execution, in consideration of the following: (a) basic area ( April to one year and six months) (special mitigation) [the person subject to special mitigation] / dangerous articles (the decision of sentencing] reflects the defendant's wrongness; (b) the victim does not want the defendant's punishment; (c) the defendant's previous conviction relation (not subject to punishment for the same type of crime); and (d) occupation