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(영문) 의정부지방법원 2019.01.11 2018고단4258
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 September 25, 2018, at the end of the victim C(70 years of age) located in Yangju-si B around 17:00, the Defendant heard from the victim the phrase “I am going to fright? I am to see why I am to the police. I am to see “I am going to the other side’s land? I am to see I am to the police. I am to am to see it, and I am to am away from the other side’s land, but I am to am to am by the victim. I am to am to am the victim’s hand on one occasion due to a cigarette, which is a dangerous object being towed. I am to am back to another place, I am to am to the victim’s left hand.”

As a result, the Defendant carried dangerous things with the victim and inflicted injury on the victim, such as fingers and fingers, which require treatment for about three weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A written diagnosis of injury;

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

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

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 (1) of the Criminal Act of the community service order;

1. The scope of applicable sentences by law: Imprisonment for one year to ten years; and

2. Application of the sentencing criteria (determination of types), violent crimes, special injury, repeated crime, and special injury (type 1) (Scope of recommendations) (Scope of punishment), six months to two years (basic area).

3. Considering the fact that the nature of the crime is not good in light of the risk, etc. of the implements of the crime and the method of determining the sentence, disadvantageous circumstances to the victim, such as the fact that the defendant was led to confession, the fact that the defendant did not have been used by the victim, the circumstances favorable to the previous one, etc., the punishment as ordered shall be determined by taking into account various circumstances, including the sentencing criteria and the age, character and behavior, environment, motive, means and consequence of the crime, and the circumstances after the crime, etc., as shown in

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