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(영문) 전주지방법원 군산지원 2016.08.10 2016고단458

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 November 2, 2015, the Defendant, around 19:30 on November 2, 2015, 302, Da building 302, which is the residence of C, a workplace partner E (58 years old), etc., the victim E (58 years old) who was a workplace partner, was drinking. In relation to the company's work, the Defendant, while carrying out a conflict of interest with the company's work, was suffering from the victim, and the victim was faced with approximately 14 days of her head, thereby causing damage to the character of the head of the body, which requires treatment for about 14 days.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by each prosecutor to E and C;

1. Application of Acts and subordinate statutes to a medical certificate of injury and a report on investigation (a certificate of outpatient treatment);

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

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. The reasons for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act [the scope of recommendation] general injury (the scope of recommendation] is not set out in the sentencing guidelines for special injury under Article 258-2 of the Criminal Act in the basic area (from April to June) (the sentencing guidelines for special injury). Although the nature of the crime is that the defendant carried dangerous articles and inflicted an injury, the defendant is under contrary to his/her mistake, the defendant has no record of being punished for the same crime, the degree of injury of the victim is not serious, the defendant's age, circumstances leading to the occurrence of the case, sexual behavior, environment, etc., the sentence shall be set as ordered in the Disposition, taking into account all the circumstances surrounding the sentencing conditions, such as the defendant's age, sexual behavior, environment, etc.