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(영문) 의정부지방법원 2018.08.24 2018고단1905

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 becomes final and conclusive.

Reasons

Punishment of the crime

On January 7, 2018, the Defendant departed from C in S., and returned to E located in S. in S. Sincheon-si, the Defendant expressed the Defendant’s desire to the Defendant before the victim G (59 years of age) and continued to engage in drinking on the ground that the Defendant was authorized to do so, and the Defendant her face of the victim was cut down.

As a result, the defendant carried dangerous objects and carried them to the right side side, where the number of days of treatment can not be known to the victim.

Summary of Evidence

1. The defendant's legal statement (as at the second date);

1. Each police statement made to H, I, and J;

1. Investigation report (to hear statements by K phone call for a witness);

1. Application of Acts and subordinate statutes to copies of medical records;

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. Reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the following reasons for sentencing)

1. The scope of applicable sentences under law: Imprisonment for six months to five years; and

2. Non-application of the sentencing criteria: Offenses for which the sentencing criteria are not set; and

3. Circumstances disadvantageous to the determination of sentence: The circumstances that are favorable to the nature of the crime in light of the implements of the crime and the risk of the method of the crime: The confession, the confession is made, the fact that there is only a fine before the crime, the fact that there is an agreement with the injured party, and other circumstances that are shown in the course of the trial, such as the records of the crime, age, sex, environment, motive and means of the crime, and the circumstances of various kinds of sentencing as shown in the course of the trial, shall be