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Reasons
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(영문) 의정부지방법원 2018.12.20 2018고단4271
특수상해
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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 June 18, 2018, the Defendant, at around 21:20, set up two parts of the “C”, which require approximately two weeks of treatment, on the ground that the Defendant did not enter the victim D (57 aged) to the seat of the Defendant, even though he did not come to the seat of the Defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. A damaged photograph of a CCTV or a CCTV-cape photograph;

1. Application of Acts and subordinate statutes of the injury diagnosis 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 recommended punishment on the sentencing criteria: Imprisonment with prison labor for one year or two years (the scope of recommended punishment), special injury, and repeated injury for each type of crime (special injury for six months or two years). There is no basic area (the person subject to special sentencing) (6 months or two years).

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;

Unfavorable circumstances: The nature of the crime is not good, the circumstances favorable to the criminal records of the same kind of violence: The confession of the crime in this case, and the fact that there is no serious criminal record other than the fine.

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