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(영문) 전주지방법원 2016.04.28 2016고단237
특수상해
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Criminal facts

On January 28, 2016, around 4:50 around 4:50, the Defendant prepared and opened the entrance of the victim D (Woo, 43 years old) located in Yansan-si C in front of the telecom, and opened the entrance door one time to be used as a dangerous object, and then installed the entrance from the damaged person.

When receiving a complaint, “the victim’s head was taken once due to the above use, and the victim suffered injury to the victim, such as the impairment of 2 feet which requires approximately two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F or D;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Articles 268-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 53 and 55 (1) 3 of the Criminal Act for mitigation of amount of punishment (including the fact that a defendant who has no record of punishment heavier than a fine has divided his/her mistake and agreed to do so smoothly with a victim, etc.);

1. Article 62 (1) of the Criminal Act ( repeatedly considered for the foregoing reason);

1. Protective observation and community service order under Article 62-2 of the Criminal Act;

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