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(영문) 의정부지방법원 2017.07.07 2017고단2369
특수상해
Text

A defendant shall be punished by imprisonment for one year.

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

The Defendant, at around 11:30 on April 26, 2017, 201: (a) around the main point of the operation of the Victim D (Wed, 58 years old) located in Kangwon-gun, Gangwon-gun, sent herb drugs to the victim who was at ordinary hosium. However, on the ground that the victim was deprived of the hosium and neglected himself, the victim was able to boom the hos of the victim by her hand and her kid the dub, and led her to the bed from the bed and her to the bed from the bed, and then she was in possession of the dangerous object (the total length: 19cm and 10cm length):

In addition, the part, such as the victim, has been cut, and the part of the left back of the victim has reached one time.

On the other hand, the Defendant continued to inflict a bodily injury on the victim, which is a dangerous thing that had been located at the seat of the Defendant, by threatening the victim as a knife, and by harming the victim by hand, and thereby harming the victim, the Defendant inflicted an injury on the victim, such as an open top room for about three weeks of medical treatment.

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Police seizure records;

1. A written diagnosis of injury;

1. Application of statutes on site photographs;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The community service order under Article 62-2 of the Criminal Act;

1. In the case of the instant crime for the reason of sentencing under Article 48(1) of the Criminal Act, the sentencing guidelines set by the Sentencing Committee cannot be applied directly, and thus, the sentencing guidelines shall not be applied. However, the sentencing factors and some of the recommended sentences set out in the sentencing guidelines shall be taken into account.

Considering the fact that the crime of this case was highly dangerous to the applicable method of crime, the occurrence of relatively serious injury to the victim, and the fact that the Defendant had the record of punishment for the same kind of crime, it is necessary to strictly punish the Defendant.

However, the fact that the defendant led to the crime of this case, that the victim does not want the punishment of the defendant, and that the defendant was punished exceeding the fine.

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