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(영문) 의정부지방법원 2018.05.03 2017고단5215

특수상해

Text

A defendant shall be punished by imprisonment for one year.

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

At around 23:00 on September 14, 2017, the Defendant: (a) sold the part of the Defendant’s left part of the Defendant’s selling part of the Defendant’s water, which prevents the Defendant from drinking with the Defendant, to drink and talk about work with the Defendant; (b) the Defendant D(61) of this case “NNNNYYYYYYYYYYYYYYYYYY YYYYYYYYYYYYYYYYY ACTENYYYYYYYYYYY ACTENYYYYYYYYYYY ACTEYYYYYYYYYYY ACTEYYYYYYYYYYY ACTEYYYYYYYYY ACTEYYYYYYYYYY ACTNYYYYYYYYYY ACTNYYYYYYYYYYYYYYYYYYY.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of emergency treatment photographs of victims and Acts and subordinate statutes on the scene of damage;

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

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (the following favorable circumstances) of the suspended sentence;

1. The scope of applicable sentences by law: Imprisonment for one year to ten years; and

2. Scope of the recommended punishment on the sentencing guidelines: Where the mitigated area (one year and six months from June to two years (the scope of the recommended punishment), the mitigated area (one year to two years and six months from the date of special mitigation), or considerable damage (including efforts made to recover damage), is restored to one year and six months from the date of imprisonment to six months (the scope of the recommended punishment), the repeated injury, the repeated crime, and the special injury (the habitual injury, repeated crime and special injury).

3. Determination of sentence: Determination of the same sentence as the order shall be made by taking into comprehensive account the conditions of sentencing as shown in the records, such as one year of imprisonment, two years of suspended sentence, and other conditions of sentencing as shown in the records, such as the age, occupation, sex, family relationship, and circumstances before and after the commission of the crime, but the punishment shall be set off by removing the lower limit of the sentencing criteria in consideration of the fact that any contingent crime is committed and damage is recovered and

The unfavorable circumstances: The circumstances favorable to the fact that there are many violent crimes: The confession of the crime in this case, the fact that the victim does not want the punishment of the defendant, and the fact that the crime is a contingent crime.