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(영문) 의정부지방법원 2018.01.08 2017고단5445
특수상해
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

On November 27, 2017, the Defendant 22:30 on November 27, 2017, in the lodging house of “D farm” located in Gangwon-gun, D farm, which is a dangerous object under the influence of alcohol, (No. 18cm in length, 29.5cm in length, 18cm in length) (No. 1), and put the kitchen at his hand to the victim E (22 years) of a person who works in the same farm and is not good.

“” and “the face of a victim was taken three times together with a bath.”

As a result, the defendant carried dangerous objects and carried a face 15 cm face-to-face 15 cm, so-called 15 cm-to-face 15 cm-to-face 1 cm-to-face 1 cm-to-face her face, which cannot be known to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement in each police statement made to D, F, and E;

1. Records of seizure and list of seizure, records of the scene of the case (including photographs of seized articles), records of investigation (Attachment to a copy of a certificate of medical records), certificates of issuance of copies of medical records, records of victim's photograph, and the application of statutes on images;

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

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Reasons for sentencing under Article 48(1)1 of the Confiscation Criminal Act (i.e., the sentencing criteria are not applied since the sentencing criteria are not yet prepared for special injury crimes under Article 258-2 of the Criminal Act newly established on January 6, 2016).

The risk of the crime of this case was high with the kitchen knife of the victim's head.

The victim is presumed to have 1,00cc or above (Evidence No. 106 pages of evidence). In addition, in the special injury crime, only imprisonment is provided for by statutory penalty, and the lower limit is one year, so the defendant must be sentenced to imprisonment.

However, there is no record of criminal punishment in the Republic of Korea when the defendant led to the confession of the crime, the defendant has been detained in custody over half of a month, the time of accommodation has the time of self-determination, and the victim has agreed with the victim.

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