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(영문) 의정부지방법원 2017.08.30 2017고단3332

특수상해

Text

A defendant shall be punished by imprisonment for one year.

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

When the Defendant withdraws from usual alcohol in the D plant located in Spocheon-si, the Defendant has repeatedly been bullying by obstructing the surface of the staff of the shipbuilding satisfaction, such as the Victim E (52) upon withdrawal of usual alcohol in the D plant in Spocheon-si.

On October 20, 2012, the Defendant: (a) around 17:10 on 205, on the ground that the injured party reported the above contents to the head of the factory, and (b) caused the victim’s face by knife (20cm in length) which is a dangerous object during the process of dispute, and caused the victim’s face to tear off on the left side of the 25cm; and (c) caused the victim to inflict an injury, such as internal heat, which requires three weeks’ treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement in each police statement made to F and E;

1. Investigation reports, on-site photographs, photographs of damaged parts of the victim, and descriptions in a medical certificate, and the application of video-related Acts and subordinate statutes;

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 (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 (i.e., the sentencing criteria are not yet provided for the special injury crimes under Article 258-2 of the Criminal Act newly inserted on January 6, 2016, and thus, the sentencing criteria are not applicable).

The risk of the instant crime was very high, in knife, of human body.

As the part of the injury may require a sex extra-maid treatment (which means 61 pages of evidence), the nature of the crime is not better.

The Defendant, immediately after committing the crime, thrown away the knife, which is the interest evidence of the tools of the crime, from the knife and runs away (Evidence Record 6, 7, 18, 82, 83).

In the instant special injury crime, only a statutory penalty for imprisonment is prescribed, and the minimum sentence is one year, so the defendant must be sentenced to imprisonment.

However, there is no criminal conviction or more than suspended execution while the defendant led to the confession of the crime.