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(영문) 의정부지방법원 2016.06.03 2016고단855
특수상해
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On January 21, 2016, the Defendant lent tobacco value to the victim at the △△ cafeteria operated by the victim C (n, 56 years of age) located in Guri-si B on January 21, 2016, and then refused to use the tobacco, and obstructed the victim's horse from the victim outside the restaurant, and walked the victim's horse at a time outside the restaurant. The victim attempted to report the damage to the police. The victim was at the center of the victim's portable gas burner, which is a dangerous article on the customer's face, at the victim's right side, and caused the victim's injury, such as the victim's self-consect, which requires medical treatment for about 21 days.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes to photographs of inflicting bodily injury on a victim;

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 suspended execution;

1. The crime of this case on the grounds of sentencing under Article 62-2 of the Social Service Order Criminal Act requires strict punishment of Defendant in light of the following: (a) Defendant was able to have a portable gas burnerd with the victim, thereby causing bodily injury to the victim; and (b) the victim was relatively dangerous; and (c) the result of a relatively serious injury was incurred.

However, in light of all the circumstances, such as the defendant's recognition of the crime of this case and reflects it, the fact that the defendant agreed with the victim, the defendant has no record of punishment exceeding the fine, and the defendant's age, sex, environment, motive and circumstance of the crime, and circumstances after the crime, etc., the punishment shall be determined as ordered by the order.

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