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(영문) 전주지방법원 군산지원 2016.11.30 2016고단1051
특수상해
Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 23:50 on September 23, 2016, the Defendant: (a) told the victim E (the aged 40) who was frighting together with female-friendly Gu D, etc., was fright at the package flock in the following Cata City B; (b) said, the Defendant frighted the victim E (the aged 40) who was frighting to work for the Defendant.

The Defendant, in his hand, laid the body of the victim over the floor by breathing the breath of the victim, and laid the victim’s head one time by gathering a small-scale disease, which is a dangerous object on the floor of the victim’s face and body several times.

As a result, the defendant carried dangerous objects and carried them about two weeks of treatment to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police suspect interrogation protocol concerning E and F;

1. The police statement concerning G;

1. Written statements prepared in D;

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following favorable circumstances):

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The sentencing guidelines: The sentencing guidelines are not yet established with respect to the special injury crime newly established on January 6, 2016. 2. The sentencing guidelines are not yet established. 6 months of imprisonment with prison labor, 2 years of suspended execution as the defendant 2 years of imprisonment with prison labor, 2 years of imprisonment with prison labor, the face of the victim several times due to drinking and a dangerous object, and the victim's head was placed in a small-scale illness, and the victim was suffered from two cases. In light of the unfavorable circumstances, such as the fact that the nature of the crime is not weak, the necessity of a strict punishment against the defendant is recognized.

However, the defendant's age, character and behavior, environment, including the fact that the defendant is recognized to commit the crime and the mistake is divided, that the defendant agreed smoothly with the victim during the investigation process, that the defendant has no record of any particular criminal punishment, in addition to the punishment of a fine once for a crime of double species, and that there is no record of any particular criminal punishment.

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