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(영문) 광주지방법원 2017.03.09 2016고단5682
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 became final and conclusive.

Reasons

Punishment of the crime

On September 17, 2016, the Defendant parked the vehicle in front of the community hall located in Gesung-gun, Namdong-gun, the Defendant: (a) was asked to move the vehicle from the victim C (59 years of age) to another place on several occasions; (b) the face, body, etc. of the victim were taken on several occasions; (c) the pipe (15cm in diameter, 50cm in length), which is a dangerous object on the road, was taken on the face of the victim; and (d) the victim walk the chest part of the chest part of the victim on several occasions, thereby putting about about four weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspect C by the police;

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes to the pipe photograph;

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. On the grounds of sentencing under Article 62(1) of the Criminal Act, the sentence shall be determined as ordered in light of the following circumstances: (a) the Defendant’s age, sexual conduct, environment, family relationship, motive and consequence of the crime; and (b) the circumstances constituting the conditions for sentencing as specified in the instant pleadings.

Unfavorable circumstances: The degree of injury is not light.

There are several criminal offenders who have been punished for violent crimes.

The favorable circumstances: The error is divided in depth.

The victim does not want the punishment in consultation with the victim after repaying the damage.

No history of punishment heavier than a fine shall be the same.

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