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(영문) 의정부지방법원 2017.06.09 2017고단1159
특수상해
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On November 17, 2016, the Defendant: (a) at D D D D D D D D D D D in Macheon-si, Spocheon-si, and (b) at D D D D D D D D D D D D D D in the course of drinking alcohol; (c) while having a dispute with the victim, he/she took place, he/she saw as his/her hand, which is a dangerous object on his/her customer; and (d) in the course of drinking alcohol, he/she puts the victim into the body of the victim’s body of the body of the victim’s body of the body of the victim’s body of the body of the body of the victim’s body of the body of the victim’s body of the victim’s body of the body of the victim’s body of the body of

Summary of Evidence

1. Statement by the defendant in court;

1. Statement protocol by the police for E;

1. Each investigation report, investigation report (or relative investigation of a witness), and investigation report (a statement of the suspect and submission of medical records);

1. A certificate of issuance of a written opinion, a set of medical treatment, or a copy of medical records;

1. Application of Acts and subordinate statutes governing body photographs and field photographs of the victim's injury;

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 on the suspended execution;

1. In the case of the instant crime with the reason of sentencing under Article 62-2 of the Social Service Order Criminal Act, the sentencing guidelines shall not be applied since the sentencing committee’s sentencing period cannot be applied directly. However, the sentencing factors and some of the sentencing factors and the recommended sentences set out in the sentencing guidelines shall be taken into account.

Considering the fact that the crime of this case was highly dangerous to the applicable law, and that there was a relatively serious injury to the victim, and that the defendant had already been punished for the same kind of crime and again committed the crime of this case, it is necessary to strictly punish the defendant.

However, in light of the fact that the defendant led to the crime of this case, the victim does not want the punishment of the defendant in agreement with the victim, the defendant's age, sex, environment, motive and circumstance of the crime, and all other circumstances constituting the conditions of sentencing, such as the circumstances after the crime of this case, the punishment as ordered shall be determined.

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