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(영문) 의정부지방법원 고양지원 2018.05.18 2017고단3227
특수상해등
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

A is the husband of the victim D(n, 46 years old), and was the one who was the workplace of the victim E(43 years old).

1. On September 8, 2017, the Defendant suffered special injury to the victim D, in the vinyl located in F in Pariju City on September 2015, 2017, reported the appearance of the victim and E along with the victim, made the victim’s shoulder, distribution, and side part of the victim’s shoulder, several times of drinking, the victim’s head, chest, and distribution on several occasions with drinking, the victim’s hair, chest, and distribution part, and the victim’s body, which is a dangerous object, “Aminium with alkinium,” and added the victim’s body, such as the victim’s arms and gykes for three weeks of treatment.

2. The Defendant suffered injury to the victim E, as described in paragraph 1, caused damage to the victim during the period of leaving D, and caused damage to the victim. However, “packer shall go to go to her seat,” and “packs the victim’s head part at his/her hand several times.” On the other hand, the Defendant continued to go to go to the victim’s face part of the victim’s face, resulting in the victim’s injury to the left side and the inner wall part of the victim’s face requiring approximately four weeks treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D and E;

1. Each written diagnosis;

1. Application of Acts and subordinate statutes on DNA damage photographs;

1. Relevant Article 258-2 (1) of the Criminal Act (the point of special injury) and Article 257 (1) of the Criminal Act (the point of injury and the choice of imprisonment with prison labor) concerning criminal facts;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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 extenuating circumstances among the reasons for sentencing)

1. Grounds for sentencing under Article 62(1) of the Criminal Act (the following grounds for sentencing has been repeated for a favorable reason):

1. Scope of applicable sentences under Acts: Imprisonment for not less than six months to not more than seven years; and

2. The application of the sentencing criteria [the scope of the recommended punishment] general injury (the scope of the recommended punishment] has no person who has the basic area (4 months to one year and six months) [the special sentencing person] [the final sentencing person according to the majority crime processing criteria] for not less than six months (the sentencing criteria are not set.).

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