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(영문) 의정부지방법원 고양지원 2017.12.21 2017고단2736
특수상해
Text

A defendant shall be punished by imprisonment for six months.

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

At around 01:50 on March 19, 2017, the Defendant stopped a vehicle on the street in front of C and listened to music, she sawd the victim D (33 cm) to get off the window, made the victim walked with the view to getting out of the window, and then she saw off the head of the Defendant with the wall (19cm in length) which is dangerous object, and she inflicted an injury on the victim, such as sugar, etc., which requires treatment for about 21 days in open to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of D;

1. Application of Acts and subordinate statutes, such as a written diagnosis of injury and a photograph of damaged parts;

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 favorable circumstances):

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Article 62-2 of the Criminal Act of the community service order was highly likely to commit the crime of the accused with the reason of sentencing.

However, in consideration of the fact that the defendant's mistake is recognized and against himself, the degree of injury suffered by the victim is not very serious, and the defendant has agreed with the victim smoothly, the punishment as set forth in the disposition shall be determined.

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