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(영문) 춘천지방법원 강릉지원 2017.02.08 2016고단1497
특수상해
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 26, 2016, at around 23:40, the Defendant spited and spited a flue victim C (the other, 44 years of age) who was on his own vehicle in the vicinity B of the East Sea at the time of the East Sea. However, the Defendant spited the victim from the above vehicle and then spit the victim's body part of the victim's body, spit the victim's body, and laid down the road (the length of about 1m and about 50cm), which is a dangerous object in the place, with the victim's arms.

Defendant carried dangerous articles as above and inflicted bodily injury on the victim, including two-time open wounds, which require approximately two weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Photographs of each victim;

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 subparag. 1 subparag. 3 of the Criminal Act to be mitigated considering extenuating circumstances (the following extenuating circumstances among the reasons for sentencing);

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. According to Article 62-2 of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection, etc. of Social Service Order, the punishment against the defendant shall be set as ordered within the scope of a mitigated sentence, and the execution of a sentence shall be postponed on condition that social service is provided for a certain period of time, taking into account the following factors: (a) the reason behind sentencing; (b) the suspension of qualification or more criminal records exist; (c) the victim has agreed with the victim; and (d) the motive for

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