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(영문) 의정부지방법원 2017.02.10 2016고단5618
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 two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On November 26, 2016, the Defendant, at around 20:00, had four male members, such as the victim D(52 aged), in the 1st place of VIP 1 located underground in the Namyang-si, Gyeonggi-do, 2016, while drinking alcohol together with four male members, such as the victim D(52 aged). The Defendant was on the part of the victim’s head, and was in the part of the victim’s head, thereby causing injury to the victim, such as the math in this end.

Summary of Evidence

1. Statement by the defendant in court;

1. Each description of the occurrence report (special injury), internal investigation report, victim's blood transfusion and field photograph, and the application of video-related 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 crime of special injury in this case only prescribes imprisonment with prison labor as a statutory penalty.

However, the execution of a sentence shall be suspended in consideration of the fact that the defendant makes a confession of the crime, the amount of five million won before the prosecution is paid, and the damaged person does not want the punishment of the defendant in agreement with the victim, and there is no criminal conviction or suspended execution or more.

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