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(영문) 춘천지방법원 강릉지원 2018.05.24 2017고단695
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

On April 3, 2017, the Defendant listened to the phrase “second-class fire-fighting” from the victim D (the South and the North 52 years of age) who is a workplace club in front of the C building at C on March 3, 2017, and franced the phrase “the second-class fire-fighting.” During the francing, the Defendant: (a) purchased the victim’s left snow part of the victim’s snow; (b) collected a stone, which is a dangerous object in the vicinity; (c) francing the victim into the victim’s flacing part of the victim’s flac; (d) flacing the stone, which is a dangerous object in the vicinity of the flac; and (e) flaced the victim with the stone, which is a dangerous object in the vicinity of the flac.

As a result, the defendant carried dangerous things with the victim about two weeks of treatment, namely, snow around the victim in need of treatment, spambling, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of D;

1. Each related photograph;

1. A medical certificate;

1. Application of Acts and subordinate statutes to report internal investigation (E and F oral hearing of statements);

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

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. On the grounds of suspended sentence under Article 62(1) of the Criminal Act, the following conditions and the Defendant’s age, sexual conduct, environment, motive, means and consequence of the commission of the crime and the circumstances after the commission of the crime and the conditions of various kinds of sentencing as shown in the argument of the instant case shall be determined in light of the following circumstances.

The favorable circumstances: The fact that one's mistake is divided, that one's agreement is reached with the victim, that is disadvantageous to the fact that one's health is not good by being operated with brain flachising and brain flachising: the crime is not good in light of the risk of the instrument and method of the crime, and the crime of this case was punished several times by committing violent crimes, and committed during the period of probation.

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