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(영문) 의정부지방법원 2018.04.25 2017고단5097
특수상해
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On October 7, 2017, around 19:20, the Defendant, at the “C” entertainment station located in the Namyang-si, around 19:20, told the victim D (35 years), E and E while drinking with alcohol. The Defendant, on the ground that the victim resisted the victim and pushed the part of the Defendant’s neck, caused the victim’s head one time due to beer, and caused the victim’s head to put the number of days of treatment into the part of the treatment.

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

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

1. Written statements of D;

1. Application of statutes on site photographs;

1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act (the following sentencing grounds) of the Act on the Mitigation of Small Quantity (the scope of recommended punishment) [the scope of habitual injury, repeated crime and special injury] of the type 1 (Habitual injury, repeated injury, special injury) (the period between September and February 6) of the Special Mitigation Area (the special mitigated person] is also responsible for the occurrence of a crime or the expansion of damage, where the victim is also responsible for the occurrence of a crime or the expansion of damage [including efforts to recover damage] or where the victim is not subject to punishment (the decision of sentence] and the defendant committed the crime of this case without being subject to the suspension of execution. In light of the fact that the defendant committed the crime of this case, it is inevitable to punish the defendant significantly.

However, the Supreme Court has taken into account various sentencing conditions, such as the defendant's age, sex, family environment, motive, means and consequence, and circumstances after the crime, etc., taking into account the following: (a) the defendant's mistake is recognized and seriously reflects the defendant's mistake; (b) the victim and the victim agree smoothly with the victim; and (c) the victim does not want the punishment of the defendant; and (d) the defendant's main figures want to have the preference against the defendant; and (e) the defendant's age, sexual behavior, family environment, motive, means

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