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(영문) 전주지방법원 2016.09.23 2016고단1045
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 May 18, 2016, at around 00:05, the Defendant: (a) talked with the victim D (50 years of age) who was drinking in the next seat at a restaurant located in the Yansan-gu Seoul Special Metropolitan City on May 18, 2016; (b) expressed the victim’s desire to “Isss life so that Is life, singe, singe, Is the head part of the victim’s body; (c) continued to get the head part of the victim’s body with a dangerous object on another customer, which is the main part of the dangerous object on the other customer; and (d) sustained the victim’s head part with the victim’s body, which is a dangerous object on the other customer, requiring treatment for about seven days.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Each investigation report (the attachment to the 8th page of the investigation record, the unexploited articles and the close area of the upper part of the body, the photographs of the upper part of the body, the suspect, the specific examination and diagnosis, and the submission of written agreements);

1. Application of Acts and subordinate statutes of a medical certificate;

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

1. Article 62 (1) of the Criminal Act on the stay of execution (Consideration of favorable circumstances among the following grounds for sentencing);

1. The crime of this case was committed on account of unfavorable reasons for sentencing under Article 62-2(1) and the main sentence of Article 62-2(2) of the Criminal Act on the observation of protection and observation, and the fact that the Defendant inflicted bodily injury on the victim with dangerous things, and the nature of the crime is not good in light of the risk, and that the Defendant committed the crime of this case without being aware of a long-term convict life due to robbery, etc.

The favorable circumstances include the fact that the defendant recognizes the crime of this case, the degree of the injury suffered by the victim is one of the whole circumstances, and the defendant does not want the punishment of the victim by agreement with the victim.

In addition to the above circumstances and other circumstances, the Defendant’s age, sex, environment, motive, means and consequence of the commission of the crime, and the various sentencing conditions under Article 51 of the Criminal Act, such as the circumstances after the commission of the crime, shall be determined as per Disposition.

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