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(영문) 의정부지방법원 2018.11.29 2018고단4158
특수상해
Text

A defendant shall be punished by imprisonment for one year.

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 August 24, 2018, around 24:00, the Defendant returned to himself and the victim D (the age of 18) who took care of the hospital during the period of his death on June 24, 2018, and tried to have the victim returned home to Korea, due to the issue of receiving hospital treatment, etc. before the Defendant and the victim returned to Korea. On the ground that the victim was unable to have the Defendant returned to Korea, and the victim was unable to have the Defendant returned to Korea, the part of the posts set up by the victim by a cigarette, which is a dangerous object in danger of having the Defendant returned to Korea, was set up three times, and the victim took up two pictures of the part of the sets to be sold to the victim, which requires approximately four weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A photo of the damaged part;

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

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

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (the following favorable circumstances) of the suspended sentence;

1. The scope of applicable sentences by law: Imprisonment for one year to ten years; and

2. Scope of the recommended punishment on the sentencing criteria: Imprisonment with prison labor for one year (the scope of the recommended punishment), and the scope of the compared sentence between the applicable punishment and the recommended punishment in cases where the mitigation area (4 months to 1 year), the mitigated area (including those who have been specially mitigated), the punishment not (including those who have made serious efforts to recover damage), or considerable damage has been recovered from the mitigated area (including those who have made serious efforts to recover damage): One year;

3. Determination of sentence: The same sentence as the order shall be determined by comprehensively taking into account the following conditions of sentencing recorded in the records, such as one year of imprisonment, two years of suspended sentence, and the age, occupation, sex, family relationship, and circumstances before and after crimes;

3. Unfavorable circumstances: The circumstances that are favorable to the nature of the crime: The confession of the crime in this case; the primary crime; the victim does not want the punishment of the defendant;

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