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(영문) 청주지방법원 영동지원 2018.03.22 2017고단131
특수상해
Text

A defendant shall be punished by imprisonment for one year.

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

On June 28, 2017, at around 22:57, the defendant was detained second son F in front of the defendant's house E, the defendant was detained, and the victim G (47 years of age), the same H (52 years of age), the defendant's wife and the defendant's defendant's defendant's complaint that the defendant's her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her shes and her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her she was detained, and the defendant's her her her her her her her her her she her her her her her her her her her.

As a result, the Defendant inflicted injury on the victim G, such as an open room for the next stage of the victim that requires approximately three weeks of medical treatment, and suffered injury such as an open room for the double wall that requires approximately three weeks of medical treatment to the victim H.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to G, H and I;

1. Protocols of seizure, list of seizure, site and photograph of seized articles;

1. A criminal investigation report (list 24 of evidence) and attached data;

1. Side photographs of an injury inflicted on the victim;

1. Application of each medical opinion, each injury medical certificate, and statutes;

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

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

3. Article 62 (1) of the Criminal Act on the suspension of execution;

4. Article 62-2 of the Criminal Act of the community service order [the prosecutor is seeking confiscation of one place seized (No. 1).

However, according to the records of this case, it is reasonable to view that the above one is the sole ownership of the J, which is the defendant's wife, or the joint ownership of the J and the defendant, and therefore, it cannot be viewed as "goods not belonging to a person other than the criminal" under Article 48 (1) of the Criminal Act, and therefore, the reason for sentencing does not constitute confiscation.

1. As to whether the sentencing criteria are applied, the special injury prescribed in Article 258-2 of the Criminal Act newly established on January 6, 2016 is still applicable.

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