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(영문) 의정부지방법원 2017.12.06 2017고단4762
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 two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On July 31, 2017, the Defendant: (a) while drinking the Victim E (59) and drinking in a “D” restaurant located in Namyang-si, Namyang-si, C on July 1, 2017, the Defendant inflicted an injury upon the victim, who was unable to identify the number of days of treatment by putting the head of the victim at one time due to the small-scale illness, which is a dangerous object on the tables, and having the victim tear.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement in the police interrogation protocol concerning E;

1. Application of the Acts and subordinate statutes on photographs of parts damaged by the victim E;

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 special injury crime, only the statutory penalty is prescribed, and the minimum sentence is one year, so the defendant must be sentenced to imprisonment.

However, the punishment shall be mitigated and the execution thereof shall be suspended by taking into account the fact that the defendant is against himself/herself while making a confession of the crime, the agreement with the victim, etc.

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