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(영문) 의정부지방법원 2018.12.06 2018고단3453
특수상해등
Text

A defendant shall be punished by imprisonment for one year.

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

1. On July 5, 2018, the Defendant, a special assault, committed a dispute with the victim E ( South and 68 years old) in the “D” office located in C and the second floor in Namyang-si, Namyang-si, C and 2.

The defendant had the victim's panty, which is a dangerous object to the Republic of Korea, and was faced with the face of the victim.

In this respect, the defendant carried dangerous objects and assaulted the victim.

2. On July 5, 2018, the Defendant: (a) discovered the victim E who performed drinking at a “F” restaurant located on C and 1, Namyang-si, Namyang-si, Namyang-si; (b) assaulted the victim’s face one time by drinking bating bats of the victim; and (c) assaulting the victim’s face by drinking.

3. The Defendant, who suffered a special injury, drinks alcohol in order to reach a settlement with the victim at the same place as paragraph (2) of around 18:00 on July 5, 2018.

In the meantime, on the ground that the victim made a statement against the Defendant, the Defendant brought a Kascker’s disease, which is a dangerous thing for the Defendant, and put the head of the victim one time and needed to take approximately three weeks of medical treatment.

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the interrogation of suspects of E;

1. Each police statement made with respect to G and H;

1. A written statement of I;

1. A report on internal investigation:

1. A damaged photograph;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Article 261 of the Criminal Act applicable to the crime, Articles 260(1) (a) of the Criminal Act that prescribes the choice of punishment for the crime, Articles 261, 260(1) (a) of the Criminal Act, Article 260(1) (or choice of imprisonment or imprisonment) of the Criminal Act, Articles 258-2(1) and 257(1) of the Criminal Act;

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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. One year to fifteen years from the imprisonment with prison labor for a prison labor within the scope of punishment by law;

2. Scope of the recommended sentences according to the sentencing criteria;

(a)type 1 (Determination of the territory of recommendation) (Determination of the territory of recommendation), the basic area of special injury (determination of the type) (determination of the territory of recommendation), which constitutes violence.

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