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(영문) 전주지방법원 군산지원 2016.10.05 2016고단687
특수상해
Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 19:30 on June 16, 2016, the Defendant: (a) had not properly bound the pet lines in the Defendant’s residential area located in Gunsan City B; (b) had the victim C (the age of 41) who was friendly and the victim was fluored for the Defendant, on the ground that the victim was fluored by drinking twice the victim’s face; and (c) had the victim’s fluor on one occasion by inserting the fluor, which is a dangerous article in the mae at the place (70cm in length).

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding C;

1. Application of statutes on photographs of damage;

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 for discretionary mitigation;

1. Where the reason for sentencing under Article 62 (1) of the Criminal Act [Scope of Recommendation] is the case where the basic area (including persons who have been specially mitigated) of types 1 in the basic area (4 to 16 months), the case where the punishment is not applied (including serious efforts to recover damage) or considerable part of damage is restored / Where the crime was committed by a group or multiple force, or by carrying a deadly weapon or other dangerous articles (excluding the case where the crime group is applied habitually, repeated crime, and special injury), or where the defendant committed the crime by carrying a deadly weapon or other dangerous articles (excluding the case where the crime group is applied: 2. Determination of sentence] The fact that the defendant is against his/her mistake, the fact that the defendant has agreed with the victim who is pro-born, the fact that the defendant has reached an agreement with him/her, and all other conditions of sentencing, such as the age, circumstances leading to

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