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(영문) 의정부지방법원 2018.03.06 2017고단5906

특수상해

Text

Defendant shall be punished by imprisonment for a term of one year and six months.

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

On January 2, 2014, around 21:00, the Defendant: (a) deducted the Dogbs of the Defendant’s main points in C, which are the Defendant, from other businesses, and went away without any speech, and (b) caused D and E to find the victim, thereby leaving the Defendant.

The Defendant, at around 22:00 on the same day, has the same motive as G and H, which is the motive of “two-dimensional malmbling,” and the victim whom E used in E, was the victim at around 22:0 of the same day, at C’s entertainment station operated by the Defendant in F in Sungnam-si, Sungnam-si.

By drinking and sprinking the face side of the victim, the body part and the body part of the victim can be cut up to 10 times, the body part in the heat is cut up to 10, and fire extinguishers, which is a dangerous object, takes the body of the victim used on the floor and takes a dangerous object, and the victim needs approximately 2 weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Copies of each police statement made to B or I;

1. Details of health insurance benefits and medical care benefits;

1. A written confirmation of medical treatment, a medical certificate, B/ face photographs, and a written medical examination and treatment;

1. C Entertainment photographs of entertainment centers;

1. Application of the Acts and subordinate statutes governing the specific place and photograph of the place where B was kidnapped;

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. The reason for sentencing under Article 62-2 of the Criminal Act, including the method and attitude of the instant crime, the accused’s criminal records, etc., are more serious in light of the observation of protection and community service order.

However, the defendant shows his attitude to see and reflect his mistake.

The degree of injury of a victim shall not be excessive.

Social ties are clear, and the detention of the defendant is likely to involve excessive difficulties for his/her dependents.

In addition, the defendant's age, sex, environment, and crime.