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(영문) 의정부지방법원 2018.09.12 2018고단2670
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 August 9, 2017, at the defendant's house located in Namyang-si B lending 114 and 302 on August 22, 2017, at the defendant's house located in Namyang-si, B lending 114 and 302, the defendant left the victim's face at a hand, and the defendant suffered injury in the number of days of treatment, such as taking the victim's face from the victim's body at one time, and taking the victim's face at one time with the hand, and displaying the victim's face toward the victim's face.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. C’s statement;

1. Application of Acts and subordinate statutes to report damage photographs, fire monm photographs, and investigation;

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 in favor of the defendant among the grounds for sentencing);

1. The Defendant’s crime of this case with the reason for sentencing under Article 62(1) of the Criminal Act (recognating the reason for reducing the amount) is deemed to have been inflicted an injury on the victim by assaulting the monat, which is a dangerous object, by displaying a monm, etc., and the crime is heavier than that of the crime and the nature of the crime.

However, in light of the fact that the defendant recognized his mistake and seriously reflects the fact that the defendant has no record of criminal punishment or criminal punishment exceeding the fine for the same kind of crime, and other various sentencing conditions, such as the defendant's age, sex, family environment, economic circumstances, health conditions, motive, means and consequence, etc., the punishment like the order shall be determined.

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