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(영문) 의정부지방법원 2018.07.05 2018고단1883
특수상해
Text

The sentence of sentence shall be suspended for the defendant.

Reasons

Punishment of the crime

On December 14, 2017, the Defendant d'(n', 32 years old) 704 dong 201 at the house of the victim D(n'e', 704 dong 201) in Yangju-si around 01:15, drinking alcohol together with those of the victim, including the victim.

Since then, the defendant was aware of the fact that there was no cell phone while trying to return back to the house.

The defendant would have to contact when finding a cell phone from the damaged person.

“The words were crypted.”

The defendant thought that the victim is trying to go to see himself/herself and others " how to communicate with him/her without a cell phone."

The term "the victim" and the victim were punished for trial expenses.

During that period, the victim “one cell phone of the forum.”

The Defendant: (a) laid down the victim’s face at least twice to the victim’s face; and (b) placed the victim in need of approximately one week medical treatment. The Defendant placed the victim “abba, etc. on the part of the victim.”

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. On-site and damaged photographs;

1. Application of Acts and subordinate statutes of a medical certificate;

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. The reason for sentencing under Article 59(1) of the Criminal Act (a sentence to suspend sentence: imprisonment with prison labor for a period of six months) shows the attitude of the defendant to see and reflect his/her mistake.

The victim has received 4 million won compensation and does not want to punish the defendant by agreement.

The defendant appears to have committed the crime of this case in a contingent manner, and the degree of injury of the victim is not much serious.

There is no record of criminal punishment against the defendant.

Other punishment shall be determined by comprehensively taking into account the various circumstances shown in the pleadings of this case, such as the defendant's age, sex, environment, method and attitude of the crime, and circumstances before and after the crime.

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