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(영문) 의정부지방법원 고양지원 2016.11.11 2016고단2513
특수상해등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

(e).

Reasons

Punishment of the crime

At around 00:40 on July 9, 2016, at the main point operated by the victim C(54 years of age) at PPP, the Defendant collected beer disease, which is an object dangerous to the victim, on his hand, on the ground that the lost mobile phone was found to the effect that the victim was not present, and then collected beer disease, which is an object dangerous to the victim, on the ground that the victim’s cell phone was not located. The Defendant inflicted an injury on the victim’s chest part at the right time when making up three times the head part of the victim’s cell, and the part of the victim’s chest part on drinking, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C or D;

1. Application of statutes, such as site photographs;

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 for discretionary mitigation;

1. The dismissal of public prosecution by taking into account the following: (a) although the suspended sentence imposed injury upon the head of a beer and beer with the reason of sentencing under Article 62(1) of the Criminal Act; (b) the degree of injury of the victim is not significant; (c) the Defendant agreed with the victim; and (d) the fact that the Defendant’s mistake is contrary to

1. The summary of the facts charged is that the Defendant: (a) around 00:40 on July 9, 2016, at the main points operated by C in Paju City, on July 9, 2016; (b) on the part of the victim D, the wife of C, who called C, at the time, engaged in drinking, and was pushed down by hand.

Accordingly, the defendant assaulted the victim.

2. Crimes of non-compliance with judgment: Judgment dismissing prosecution where the victim expresses his/her intention not to punish the accused after the prosecution of this case under Article 260 (3) of the Criminal Act: Article 327 subparagraph 6 of the Criminal Procedure Act.

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