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(영문) 의정부지방법원 2016.10.21 2016고단2845
특수상해
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

The defendant is a female of Chinese nationality who is a victim C and a workplace partner relationship.

At around 22:15 on April 15, 2016, the Defendant, a workplace of the Defendant, at Yangju-si, brought a dispute with the victim due to the use of kitchen knife owned by the Defendant in E dormitory, which is a workplace of the Defendant, and caused the victim to take care of, and visit to, the above dormitory of the Defendant, and caused the victim to be able to take care of, “Isskin, mentally ill,” and the victim’s desire to take care of, “Iskin, Iskin, Iskin, Iskin, and back to the left-hand side, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to C by the police statement;

1. Each description of on-site photographs and a written diagnosis of injury, and the application of film statutes;

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

1. The reason for sentencing under Article 62(1) of the Criminal Act (a favorable one of the reasons for sentencing below) (i.e., the sentencing guidelines have not yet been established for the special injury crime under Article 258-2 of the Criminal Act, which was newly established on January 6, 2016, and thus, the sentencing guidelines are not applicable). Thus, the defendant's act of inflicting bodily injury on the victim by getting head from a beer disease, which is a dangerous object, was high.

In addition, the crime of special injury in this case only prescribes imprisonment with prison labor as a statutory penalty, and the lower limit is one year.

However, the execution of imprisonment is suspended in consideration of the fact that the defendant led to the confession of the crime, there is no record of criminal punishment in Korea, and half of the medical expenses paid by the victim (the victim's statement in the first trial date) for the victim, which is 1.5 million won, is deposited for the victim.

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