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(영문) 의정부지방법원 2018.08.09 2018고단2375
특수상해
Text

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 May 11, 2018, the Defendant, at his own house located in Speaker-si B around 17:15 on May 11, 2018, performed drinking together with the victim C (43 tax) and D, on the ground that he displayed her identification to D and the victim interfered with it, the Defendant suffered injury, such as the victim’s ir face and her face, on several occasions due to drinking and launchings, and on several occasions with golf as dangerous objects, caused the victim to suffer injury, such as the number of days of treatment to the victim’s non-closed alley.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A medical certificate;

1. Application of the Acts and subordinate statutes to report on investigation (Attachment of photographs damaged by violence of a victim);

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 sentences on the sentencing guidelines: Imprisonment with prison labor for a period of between one year and two years and six months [the scope of recommended sentences] Habitual injury, repeated crime injury, and special injury (Habitual injury, repeated crime injury, special injury)] in the area of special mitigation (from September to February 6) (including specially mitigated persons), minor injury, non-permanent injury (including serious efforts to recover damage), and the scope of sentence compared with recommended sentences: one year to June 2.

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: Circumstances favorable to the fact that there are many records of crime including a number of criminal records: The confession of the crime of this case, and the victim does not want the punishment of the defendant.

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