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(영문) 제주지방법원 2017.09.06 2017고단1904

특수상해

Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

【The Defendant was sentenced to two years of imprisonment with prison labor for an injury, interference with the performance of special duties, etc. at the Jeju District Court on December 16, 2016, and the judgment became final and conclusive on December 24, 2016, and is currently under probation.

【Around July 16, 2017, the Defendant: (a) at the office of “E” operated by the Victim D (59 tax) (E) located in Seopoposi C on the ground that the victim would work in the future in the future, and neglected the Defendant; (b) taken a physical disease to the victim; (c) took a breath of the victim’s breath; (d) taken a breath of the victim’s breath with his hand; (d) flicked the victim’s face on one occasion with the right drinking; (e) flicked the victim’s face; (e) flicked the victim’s flick on the floor; and (e) taken one time with the victim’s flick, going beyond the floor; and (e) taken a flick part, which is a dangerous object, toward the victim’s flick, and boomed two or more weeks of the victim’s injury in need of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made in relation to F, D, and G;

1. Each investigation report (verification of situations, etc. at the time of arrival of the scene, telephone conversations with a witnessF, and damage situations between a physician for diagnosis and treatment);

1. A photo of the injured part of the victim, a studio of a studio;

1. Previous convictions: Inquiry into criminal history and the application of Acts and subordinate statutes of a report on criminal investigation;

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

1. Application of the sentencing criteria [Scope of the recommended punishment] The basic area (two years - four years) of the basic area (no special sentencing person) of the type of repeated injury committed habitually;

2. The fact that the sentence is contrary to the sentence of sentence [ favorable circumstances], the fact that the injury is not relatively serious (in unfavorable circumstances], the fact that it is a crime during the period of the suspension of the execution of the sentence, the fact that the head of the victim is getting out due to the deterioration of the materials of fraud, and the nature of the crime is not bad and the damage has not been recovered.