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(영문) 전주지방법원 2018.01.18 2017고단2261
특수상해
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On August 12, 2017, the Defendant: (a) around 17:40 on August 12, 2017, on the ground that the injured party D (58 taxes) and the injured party, who flabed in Kim Jong-si B, had flabed and expressed his flab to the Defendant with flab in his hand without any reason, carried the head of the injured party on one occasion; and (b) carried the head of the injured party on one occasion, which is a dangerous object flabing on his left hand; and (c) carried on two open flabs in need of approximately two weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Each protocol concerning the examination of suspect of the police against D or E;

1. A report on internal investigation (Attachment of photographs of a victim of an alleged injury);

1. Application of each statute on 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 (see, e.g., Supreme Court Decisions 53 and 55(1)3 (see, e.g., Supreme Court Decision 200

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act of the community service order is that the case is a beer and beer who is a dangerous object, and the defendant inflicts two cautions upon the victim's head without any special reason, and the crime is serious in light of the risk of the method of crime, the degree of damage, the degree of treatment, etc.

However, the following facts are the circumstances favorable to the Defendant: (a) the Defendant acknowledged the instant criminal facts; (b) the Defendant agreed to; (c) the Defendant’s punishment suspending the execution of imprisonment due to violent crimes in 1988; and (d) one fine due to a violation of the Road Traffic Act in 2000; and (c) there is no other criminal punishment.

The punishment as ordered shall be determined by taking into account all the circumstances prescribed in Article 51 of the Criminal Act.

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