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(영문) 의정부지방법원 2017.12.20 2017고단5098

특수상해

Text

A defendant shall be punished by imprisonment for six 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

around 03:30 on August 21, 2017, the Defendant joined the victim E (29) who was aware of his / her son’s post-line / her c/ her c/ her c/ her c/ her c/ her c/ her c/ her c/ her c/ her c/ her c/ her c/ her c/ her c/ her c/ her c/ her c/ her c/ her c/ her c/ her c/ her c/ her c/ her c/ her her c/ her c/ her her c/ her c/ her her c/ her c/ her c/ her c/ her c/ her c/ her c/ her c/ her.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement in the police statement protocol against E;

1. Each description of on-site photographs and damaged parts of the report, medical certificate of injury, and certificate of persons with disabilities 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 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. The reason for sentencing under Article 62(1) of the Criminal Act (the following sentencing grounds repeated) (the sentencing criteria are not yet set out for special injury crimes under Article 258-2 of the Criminal Act, which was newly established on January 6, 2016, and thus, the sentencing criteria are not applicable.)

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

However, the punishment shall be mitigated and the execution thereof shall be suspended by taking into account the fact that the defendant is against the confession of the crime, that there is no criminal conviction or more than the suspension of execution, that there is an agreement with the victim.