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(영문) 청주지방법원 2017.04.27 2016고단2470
특수상해등
Text

A defendant shall be punished by imprisonment for not less than eight 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

1. On May 24, 2016, the Defendant: (a) around 16:00 on May 24, 2016, the Defendant: (b) was faced with the victim F (72 aged 72, female) and talked with the victim on the ground that the victimized person was avoiding the Defendant’s head debt in his/her hand on the ground that he/she did not contact the Defendant; (c) was shaking the victim’s head debt with his/her arms and blue face; and (d) took the head head with his/her arms and blue face.

As a result, the Defendant inflicted bodily injury on the victim, such as salt, tensions, etc. in the cryp of cryp that requires approximately two weeks of treatment.

2. On May 24, 2016, the Defendant: (a) reported that the victim G (47 years old, South, and North) who was found at the request of the above F would walk together with the above F; and (b) the victim G (47 years old, South, and North) sustained the victim’s head by the knife part, which is a dangerous object possessed on the front side, around 16:16.

In this respect, the defendant carried dangerous things and carried them for about two weeks to give medical treatment to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and G;

1. Each injury diagnosis letter;

1. Application of Acts and subordinate statutes to a report on investigation (in relation to the attachment of visual recording records, such as search, investigation, and CCTV, etc.);

1. Article 257 (1) of the Criminal Act (the point of injury, the choice of imprisonment), Articles 258-2 (1) and 257 (1) (the point of special injury) of the Criminal Act concerning facts constituting an offense;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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

1. The reason for sentencing under Article 62-2 of the Social Service Order Act is not yet agreed with the victims, the fact that there are many criminal records, including criminal records of the same kind, and the fact that the crime is somewhat contingent, such as the fact that the victims have deposited certain amount of money for the victims, and the victims have not been able to do so, and other favorable circumstances such as the defendant's age, sexual behavior, environment, motive, means and consequence of the crime.

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