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(영문) 전주지방법원 2016.07.20 2016고단727
특수상해
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

On March 1, 2016, the Defendant: at the “J restaurant located in Seojin-gu Seoul Metropolitan City I” on March 1, 2016; and at the “J restaurant located in Seojin-gu Seoul Metropolitan City on March 1, 2016, the victim K (47 years of age) at the victim K (48 years of age) entered the above restaurant, but the Defendant, who was seated in the vicinity of the victim, appears to have been fine for the massage of the sea area.

On the other hand, when the victim's face was taken one time by drinking from the victim K, the victim's face was set up against it, and the front side of the victim's face was unfolded so far as possible once, and the victim's chests, the rear part of the victim's chests, and the back part of the back part of the floor were walking back to a number of times, so the victim was able to take approximately four weeks of treatment, and the victim was an open part of the mouth and the mouth.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Each police statement on M or L;

1. N’s statement;

1. A medical certificate;

1. Application of Acts and subordinate statutes of each internal investigation report and investigation report;

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

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

1. Where the mitigation area (i.e., type 1 (Habitual injury, repeated crime injury, and special injury) (i.e., one to two years) (i., one year and six months) of punishment is not imposed (including a serious effort to recover damage), or considerable damage has been recovered from the mitigation area (i.e., one year and six months of imprisonment; (ii) three years of suspension of the execution of the same type; (iii) three years of suspension of the execution of the same type (the fact that there was no previous conviction but criminal punishment; (iv) the victim has not been punished; (v) the victim has not been punished; and (v) the victim and his family members and other social ties are strong by mutual consent with the victim; and (v) the defendant himself/herself suffers from a yellow disorder, etc.);

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