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(영문) 의정부지방법원 2017.06.09 2017고단1478
특수상해
Text

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

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

Reasons

Punishment of the crime

Around 05:40 on December 25, 2016, the Defendant: (a) suffered bodily injury, such as a catus batus c where the victim E (23) was under the influence of alcohol, using fire extinguishers, which is a dangerous object in the corridor of the third floor of the above hospital, and entering the above 306th floor and leaving the ear and shoulder part of the victim, thereby causing approximately four weeks of medical treatment to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. The protocol of suspect interrogation of each police officer regarding E;

1. A report on investigation, a report on investigation (CCTV investigation), a report on investigation (Attachment to a report on injury, etc.), and a report on investigation (CCTV’s re-Analysis of video images);

1. Application of photographic Acts and subordinate statutes to a photograph or a dynamic image photograph;

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. In the case of the instant crime on the grounds of sentencing under Article 62(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.

In light of the fact that the crime of this case was highly dangerous, and the result of injury was relatively serious to the victim, and the defendant has already been punished several times due to the same kind of crime, it is necessary to strictly punish the defendant.

However, considering the fact that the defendant led to the crime of this case, that the injured person does not want the punishment of the defendant, that there is no record of punishment exceeding the fine, and that there is no other record of punishment, the defendant's age, sexual conduct, environment, motive and circumstance of the crime, and circumstances after the crime, etc., the punishment as ordered shall be determined in accordance with the order.

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