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(영문) 의정부지방법원 고양지원 2017.12.22 2017고단3262
특수상해
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

On June 28, 2017, the Defendant: (a) had had a dispute over the victim D (59 years old) with the Defendant’s company at the Dong-gu, Sinsan-si, Sinsan-si, Sinsan-si, Sinsan-si; (b) had been under the influence of alcohol, and had the Defendant called the Defendant without any justifiable reason; or (c) had a dispute over other persons with the Defendant’s inquiry and other matters; (b) on the part of the Defendant, the Defendant: (a) had the Defendant 1 to see that the Defendant -

"At the same time, the part of the victim's head was laid down once by putting down a dangerous object outside the air conditioner, which is a dangerous object outside the air conditioner, and two parts of the treatment days were laid down to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to photographs of inflicting bodily injury on a victim;

1. Relevant Article of the Criminal Act and Articles 258-2 and 257 (1) of the Criminal Act concerning the selection of criminal facts;

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 stay of execution (the following grounds shall be considered in consideration of the amount of punishment):

1. The fact that the reason for sentencing under Article 62-2 of the Criminal Act of the community service order is not good for the defendant to commit a crime using dangerous articles, and that the defendant has two times of fines due to past violence and one time of suspended sentence is disadvantageous.

On the other hand, it is reasonable to consider the defendant's attitude to reflect and agreed with the victim in 2.5 million won.

In the above circumstances, the sentencing conditions specified in the trial process of this case, such as the defendant's age, sex, family relationship, family environment, motive and means of crime, and the circumstances after crime, shall be determined as ordered by considering the following factors.

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