(영문) 의정부지방법원 2017.07.31 2017고단2505

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(영문) 의정부지방법원 2017.07.31 2017고단2505

특수상해

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On April 22, 2017, the Defendant inflicted an injury on the number of days of treatment, such as the victim F (48 years old) who was in a dangerous dispute with the victim F (48 years old) in the E's house located in D's house located in Nam-gu, Gyeonggi-do, the Defendant left the victim's head once, let the victim escape from head, tearing, etc.

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement concerning F in the protocol of suspect interrogation of the police officer;

1. Statement in the police statement protocol against E;

1. Each description of damaged photographs, damaged field photographs, and the application of video Acts and subordinate statutes;

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

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. The reason for sentencing under Article 62(1) of the Criminal Act (the following sentencing grounds repeated) (the sentencing criteria are not yet set out for special injury crimes under Article 258-2 of the Criminal Act, which was newly established on January 6, 2016, and thus, the sentencing criteria are not applicable.)

In the instant special injury crime, only imprisonment is prescribed as statutory penalty, and the lower limit is one year.

However, the punishment shall be mitigated and the execution thereof shall be suspended by taking into account the following circumstances: (a) the defendant led to the confession of the crime; (b) there is no criminal record except punishment imposed once due to the violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents in 2002; (c) the victim has assaulted the defendant in advance to take into account the circumstances leading up to the crime (which means evidence records 16, 37 pages); (d) the victim does not want the punishment of the defendant

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