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(영문) 의정부지방법원 2018.05.31 2016고단5281
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 October 10, 2016, the Defendant collected glass residues, which is a dangerous object on the victim’s face, and then collected two weeks of the victim’s face, while drinking alcohol together with the victim in the E restaurant operated by the victim D (In this case, 58 years old) at the time of the Government-si, the Defendant 23:30 on October 10, 2016, and then inflicted two weeks of the victim’s face, resulting in the victim’s injury, such as the heat of face requiring treatment for about two weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A written diagnosis of injury;

1. Application of field photographs, photographs of injuries, and investigation reports (CCTV image verification)-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 favorable circumstances):

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (the following favorable circumstances) of the suspended sentence;

1. The scope of applicable sentences under law: Imprisonment for six months to five years; and

2. Scope of the recommended punishment on the sentencing guidelines: Where the minor injury or considerable damage has been recovered in the area of special mitigation (from September to February, 2), the area of special mitigation (the area of special mitigation) (the area of special mitigation) of the type 1 (the area of habitual injury, repeated crime injury, special injury) that has been habitually injured or specially damaged during the period from September to February, 2 years (the scope of the recommended punishment).

3. Determination of sentence: The same sentence as the order shall be determined by comprehensively taking into account the following conditions of sentencing recorded in the records, such as the defendant's age, occupation, sex, family relationship, and circumstances before and after a crime, six months of imprisonment, two years of suspended sentence, and other conditions of sentencing.

An unfavorable circumstances: The circumstances that are favorable to the nature of the crime of this case: The confession of the crime of this case, the fact that there is no other record of crime except once a fine between the last ten years, and the fact that some medical expenses have been paid to the victim.

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