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(영문) 의정부지방법원 2016.09.23 2016고단2358
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 01:50 on May 2, 2016, the Defendant: (a) had been in a dispute with the victim on the ground that the drinking value was higher than expected in the “D main store” 3 of the operation of the Victim C (48 S) located under B of the Gyeonggi-si, Gyeonggi-do; (b) had been in a sudden dispute with the victim; (c) had the victim’s face one time at drinking; and (d) had the victim’s head, arms, and traws (23 cm in total length) which are dangerous objects on the bank table of the above 3th head of the victim on several occasions; and (e) caused the victim’s injury, such as cutting the head, arms, and traws on the left-hand side of the treatment days.

Summary of Evidence

1. Statement by the defendant in court;

1. Each description of the witness statement of E and the damage statement of C;

1. Application of the relevant Acts and subordinate statutes to the beer’s photograph and field photograph, diagnostic document, suspect’s body photograph, CD’s photograph, and the application of the aforementioned 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 punishment was determined in consideration of the facts that the defendant led to the confession of the crime, the injury inflicted on the victim is not severe, the victim does not want the punishment of the defendant, and other various circumstances that form the conditions of sentencing as shown in the records and arguments.

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