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(영문) 전주지방법원 2017.11.10 2017고단1338

특수상해

Text

A defendant shall be punished by imprisonment for one year.

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 April 21, 2017, at around 19:30, the Defendant suffered injury, such as the victim’s face and side gate, and buckbucks, by taking the hack pipe (120 cm in length, 2.5 cm in thickness) where the victim had been friendly victim D (the remaining and 64 years old) and the victim had been friendly at the place of residence of the Defendant located in North Korea-U.S., but the victim continued to take a hump, while taking the hump, caused the victim’s injury to the victim by taking the victim’s face and side hump, and the humbuck.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Each written diagnosis;

1. A criminal investigation report;

1. Application of each statute on photographs;

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

1. According to Article 62(1) of the Criminal Act, the crime of this case was committed on the grounds unfavorable to the sentencing grounds under Article 62(1) of the suspended sentence (see, e.g., Supreme Court Decision 2007Da1548, Apr. 1, 2007).

The favorable circumstances include the fact that the defendant recognized the crime of this case, the fact that the injured person wants the defendant's wife by agreement with the victim, and that the defendant has no record of criminal punishment exceeding the fine.

In addition to the above circumstances and other circumstances, the Defendant’s age, sex, environment, motive, means and consequence of the commission of the crime, and the various sentencing conditions under Article 51 of the Criminal Act, such as the circumstances after the commission of the crime, shall be determined as per Disposition.