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(영문) 의정부지방법원 2017.12.18 2017고단4942

특수상해

Text

A defendant shall be punished by imprisonment for 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 September 1, 2017, the Defendant had a conversation with E, a son, who had drinking in the seat next to the Defendant, while drinking in D'D' located in the 21:30 Gyeonggi-si, 2017, and the victim F (38 tax) who had drinking in the above E, was the victim F (38 tax) of the above E, as the deaf-in group of the Defendant.

The term "the victim was faced with beer's disease, which is a dangerous object that was placed in the beer's note, and the victim was exposed to approximately two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to F in the police statement protocol;

1. Each description of the victim's photograph and diagnosis report and the application of video Acts and subordinate statutes;

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

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. Reasons for sentencing under Article 62-2(1) and the main sentence of Article 62-2(2) of the Criminal Act on the observation of protection and observation (no sentencing criteria are yet prepared for special injury crimes under Article 258-2 of the Criminal Act).

The risk of the instant crime was significantly high, which was committed by beer soldiers.

The defendant has been punished for the same crime several times.

In addition, in the special injury crime, only imprisonment is prescribed as a statutory penalty, and the lower limit is one year, so the defendant should be sentenced to imprisonment.

However, in light of the fact that the defendant led to the confession of the crime, there is no previous conviction or more than a suspended sentence, and the injury inflicted on the victim is not severe, the sentence shall be mitigated and the execution thereof shall be suspended, but the above circumstances shall be subject to protection and observation in consideration of the above circumstances.