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(영문) 의정부지방법원 2017.01.13 2016고단5041
특수상해등
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

1. On October 1, 2016, the Defendant, who suffered a special injury, was in the public room (forest work room) where C Defendant is residing in South-si, Namyang-si, which became an issue of drinking with the victim D (55 years old) and drinking alcohol.

Accordingly, the Defendant saw the 70cm(m)(m)(m) (in length) which is a dangerous object that the Defendant was kept in custody when he was frighting to the fright of the fright of the fright of the fright of the fright of the fright of the fright of the fright of the fright of the fright of the fright of the fright of the fright.

As a result, the defendant possessed dangerous objects and inflicted an injury upon the victim who could not know the number of days of treatment.

2. In order to possess swords in violation of the Act on the Safety Control of Firearms, Swords, Explosives, Etc., the Defendant arbitrarily purchased the above44 million won from the curios distance located in the Young-si flood area around May 2015 to October 1, 2016, despite obtaining permission from the head of the police station having jurisdiction over his/her domicile.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made in the police statement protocol with D;

1. Protocols of seizure and list of seizure, damage, and description of site photographs, and application of video Acts and subordinate statutes;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense, Articles 258-2 (1), 257 (1) (a) and 71 subparagraph 1 and 12 (1) of the Act on the Safety Control of Firearms, Swords, Explosives, Etc. (the occupation of an unauthorized swords, the choice of imprisonment with labor);

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (an aggravated punishment for concurrent crimes with severe special injury) shall be applicable;

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 (the grounds for sentencing under Article 48(1)1 of the same Act are not yet set out in the sentencing guidelines for special injuries under Article 258-2 of the Criminal Act, which was newly established on January 6, 2016, and the sentencing guidelines also for violations of the Act on the Safety Control of Firearms, Swords, Explosives, Etc.

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