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(영문) 의정부지방법원 2018.06.22 2018고단613
특수상해
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

On January 27, 2018, the Defendant, at around 23:29, moved to a place at the request of the victim E (25 years) who is an employee, and requested the victim to change the establishment so that he can newly see the victim. When the victim was refused to do so, the Defendant got about about 6 km of the party, which is a dangerous object, toward the victim's face, and suffered injury, such as a non-comparent complex blance, if the victim was aware of the need for five weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for victims E;

1. On-site photographs and CCTV closure photographs;

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

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

1. Reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the following reasons for sentencing)

1. The scope of applicable sentences by law: Imprisonment for one year to ten years; and

2. Non-application of the sentencing criteria: Offenses for which the sentencing criteria are not set; and

3. Determination of sentence: Imprisonment with prison labor for one year, and two years of suspended sentence, this case is designed to keep the victim's face from the victim's face to the victim's face on the ground that the victim, who is an employee, is not aware of his/her own intent, and the nature of the crime is not very good in light of the risk of the motive, instrument and method of the crime, and the degree of the victim's injury in the instant case is serious.

However, considering the fact that the defendant was led to confession, the fact that the defendant paid 30 million won to the victim and agreed smoothly with the victim, the fact that the defendant was punished by a fine for a different kind of crime, the defendant's age, sexual conduct, environment, motive and means of the crime, circumstances after the crime, etc., the punishment shall be determined as ordered by the order, in full view of various sentencing conditions as shown in the records of this case and the trial process.

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