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(영문) 의정부지방법원 2018.05.02 2018고단483

특수상해

Text

A defendant shall be punished by imprisonment for not less than eight 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

On February 1, 2018, the Defendant suffered injury to the number of days of treatment, such as: (a) the victim D (50 years of age) and drinking alcohol in Yangju City B; (b) the victim D (50 years of age) and drinking alcohol in her natives; (c) the victim’s head was discharged once by the small-scale illness, which is a dangerous object; and (d) the head was laid back by the back part of the head and the victim was avoided.

Summary of Evidence

1. Statement by the defendant in court;

1. Each photograph;

1. The application of Acts and subordinate statutes to investigation reports (to hear statements by victim telephone - confirming damage);

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 to mitigate amount of punishment (including the fact that there is no criminal record exceeding a fine, the fact that the victim is not punishable, the fact that the victim wants not to punish, and the fact that the victim reflects it, etc.);

1. Article 62 (1) of the Criminal Act on the suspension of execution (the grounds for reduction of the amount of punishment repeated);