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(영문) 의정부지방법원 2016.07.06 2016고단1517
특수상해
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

The defendant is a member of the society of the victim B ( South, 50 years of age).

On March 22, 2016, at the office of “D” located in Yangju-si, the Defendant: (a) committed suicide on the same day as the members of the meeting club as the Defendant; (b) misleads the Defendant that the wife and the victim were committed suicide by avoiding the wind of the E; and (c) made the victim the victim “I are social workers, who was in a fluorial relationship with E”; and (d) made the victim a single head of the victim by an alcoholic beverage, which is a dangerous thing at the same time, and caused the victim to suffer approximately two weeks of treatment.

Summary of Evidence

1. Defendant’s legal statement

1. An injury diagnosis report made by the police on B;

1. Application of Acts and subordinate statutes to photographs of damaged victims;

1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts of the relevant crime;

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. Article 62 (1) of the Criminal Act on the suspension of execution (the following normal consideration):

1. The reason for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on the Observation, etc. of Protection, etc. of Social Service Orders is that the Defendant, without properly verifying the facts, inflicted an injury upon the victim’s head by drinking-up, which is a dangerous object, and the crime liability is not less light of the method of the crime, the degree of injury, the risk, etc.

However, the defendant's mistake has been divided in depth.

With the victim, the victim does not want to be punished for the defendant, there is no record of punishment for the same kind of crime, and it is only the record of punishment as a fine once until now.

Other conditions of sentencing, such as Defendant’s age, motive, means and consequence of the crime, and circumstances after the crime, shall be determined as per the disposition.

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