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(영문) 의정부지방법원 2017.02.08 2016고단5660
특수상해
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On December 6, 2016, the Defendant: (a) was in the Government-Si of the Gyeonggi-do 08:20 on December 6, 2016; (b) was in the D entertainment drinking room on the ground that the victim E (23 tax) and the victim was authorized to perform self-tending alcohol; (c) was in the beer’s disease, which is a dangerous object on the table, three times the victim’s entrance part and head part; and (d) was in the course of drinking the face part, the Defendant sustained injury, such as the mouth fat, the mouth fat, the mouth fat, the mouth fat, and the bat fat, etc. requiring four weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement in the police statement protocol against E;

1. On-site photographs, diagnostic certificates, descriptions of damaged parts of photographs, and the application of video-related Acts and subordinate statutes;

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

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. The reason for sentencing under Article 62(1) of the Criminal Act (the following sentencing grounds repeated) (the sentencing criteria are not yet set out for special injury crimes under Article 258-2 of the Criminal Act, which was newly established on January 6, 2016, and thus, the sentencing criteria are not applicable.)

The crime of special injury in this case only prescribes imprisonment with prison labor as a statutory penalty.

However, the execution of a sentence shall be suspended in consideration of the fact that the defendant is living against the defendant while making a confession of the crime, the amount of 18.6 million won is paid, and the damaged person does not want the punishment of the defendant, and there is no criminal record of suspended execution or more.

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