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(영문) 의정부지방법원 2016.07.08 2016고단1552
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 March 19, 2015, the Defendant: (a) 22:40 on March 19, 2015, after drinking and drinking alcohol with the victim D (44 tax) together with drinking alcohol; (b) intending to be prevented from suffering damage; and (c) dumpeded the victim with a dump, which is a dangerous object, carried the dump of the victim; and (d) dumped the victim into a dump for the number of days of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. C’s statement;

1. A report on investigation;

1. Application of Acts and subordinate statutes concerning damaged parts and field photographs;

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. The crime of this case on the grounds of sentencing under Article 62-2 of the Social Service Order Criminal Act requires strict punishment for the Defendant in light of the following: (a) the Defendant inflicted an injury on the victim by leaving the victim’s body with his/her main illness; (b) the method of crime was very dangerous; and (c) the result of a very serious injury on the victim could have occurred.

However, in light of all the circumstances, such as the defendant's confession of the crime of this case, the victim expressed his intention that he does not want the punishment of the defendant at an investigative agency, and the defendant's age, sexual conduct, environment, motive and circumstance of the crime, and circumstances after the crime, the punishment as ordered shall be determined.

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