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(영문) 의정부지방법원 2017.11.29 2017고단4491
특수상해
Text

A defendant shall be punished by imprisonment for six months.

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 August 6, 2017, at around 03:30 on the front of D, which is located in Dongducheoncheon-si, the Defendant: (a) placed the victim E (49) who is the president of the said club in dispute with the victim; and (b) placed the Defendant’s boat in accordance with the party-gu C, which is a dangerous object cited by the victim; and (c) placed our employees.

“The Defendant,” as referred to in paragraph (1) of the same Article, followed the victim’s head, body box, and bridge part, etc. from the victim to the victim, and followed up by the victim’s head, body box, and bridge part, etc., the victim was placed on the right side, buckbucks, etc. in need of treatment for about 21 days, and buckbucks.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement in each protocol concerning the suspect examination of the police against E or F;

1. Each description of a photograph and medical certificate, and the application of video Acts and subordinate statutes;

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

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. The reason for sentencing under Article 62(1) of the Criminal Act (the following sentencing grounds repeated) (the sentencing criteria are not yet set out for special injury crimes under Article 258-2 of the Criminal Act, which was newly established on January 6, 2016, and thus, the sentencing criteria are not applicable.)

In the special injury crime, only the statutory penalty is prescribed, and the minimum sentence is one year, so the defendant must be sentenced to imprisonment.

However, the punishment shall be mitigated and the execution thereof shall be suspended, taking into account the fact that the defendant led to the crime, the circumstances leading to the crime, and the fact that the victim agreed with the victim (Evidence Record 199 pages).

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