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(영문) 의정부지방법원 2017.12.06 2017고단4849

특수상해

Text

A defendant shall be punished by imprisonment for not more than ten 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 September 17, 2017, around 13:50, the Defendant, at the construction site of 102 Dong 11, Dong 11, the Defendant’s workplace, and the victim F (49 tax) and Si flured on the ground that the Defendant does not properly fight the body of D and E, which is the Defendant’s workplace, reached flurd the victim’s back end (18cm in total length, 8cm in length on the day) toward the victim.

As a result, the Defendant carried dangerous things with the victim and inflicted an injury upon the victim, such as an open wound, which requires two weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement in each protocol concerning the suspect examination of the police against E or F;

1. On-site and suspect photographs, face value, and diagnosis of injury, respectively, and the application of video 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.)

뾰족 한 가위로 피해자의 머리를 찌른 이 사건 범행의 위험성이 상당히 높았다.

In addition, the crime of special injury in this case requires the sentence of imprisonment to the defendant, since only the statutory penalty provides imprisonment, and the lowest sentence is one year.

However, the punishment shall be mitigated and the execution thereof shall be suspended in consideration of the fact that the defendant is against the confession of the crime, the fact that there is no record of criminal punishment in the Republic of Korea, and the agreement with the victim.