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(영문) 춘천지방법원 원주지원 2017.07.20 2017고단562
특수상해
Text

A defendant shall be punished by imprisonment for one year.

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

On June 19, 2016, at around 01:15, the Defendant, at the parking lot “C convenience store in the Gangwon-gun B”, suffered face from the victim D (32 s) in his/her hand, brought the back head of the victim one time with golf bonds (1m in length), which are dangerous objects, and suffered injury, such as two heats, which require treatment for about two weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the accused by the prosecution (including the second and the second examination);

1. Application of Acts and subordinate statutes to death diagnosis certificates and gene appraisal certificates;

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

1. The instant crime, which leads to the back of the victim’s back head on the grounds of the sentencing of Article 62(1) of the Act on the Suspension of Execution (7 times) of the Criminal Act, needs to be strictly punished on the ground that the instant crime is not less complicated in light of the nature of the crime, the method of the crime, and the side of the damage, and the Defendant’s attitude under investigation, such as actively leading the victim to a false statement in the course of the investigation, and deceiving the investigative agency, was considerably poor.

However, the execution of a sentence shall be suspended for a certain period of time, taking into account the circumstances such as the fact that the crime was committed late in the course of investigation, the victim expressed his intention not to punish, the victim expressed his intention not to punish, and the fact that there is no record of criminal punishment other than three times of fines.

In light of the aforementioned circumstances, the punishment as ordered shall be determined by comprehensively taking into account the following circumstances, including the Defendant’s age, sex, intelligence and environment, motive, means and consequence of the commission of the crime, and the circumstances after the crime.

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