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(영문) 의정부지방법원 2016.07.26 2016고단1999
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, at around 05:00 on April 27, 2016, was under drinking alcohol together with the Victim D (21) and the Defendant’s woman-friendly Gu E, while the Defendant was under drinking alcohol at around 05:0 on April 27, 2016.

E was unable to take advantage of it, and this Defendant resisted the victim.

However, the victim did not put the head debt of the defendant, and the defendant was suffering from this, and the defendant saw an empty spawn who was placed on the floor of the place, and saw the face side of the victim once, and caused the victim's bodily injury with a tear of 15 cm.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to D, E, and F;

1. Investigation reports, investigation reports (in-house investigation reports), investigation reports (in-depth hearing on "damage damage situations" against the victim D), investigation reports (in-depth hearing on a copy of medical records and opinions attached thereto);

1. A medical certificate;

1. Application of Acts and subordinate statutes on site photographs;

1. Articles 258-2 (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 to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is that the crime of this case is not applicable directly to the sentencing guidelines set by the Sentencing Committee, and thus, the sentencing guidelines are not applied. However, the sentencing factors and the sentencing guidelines set forth in the sentencing guidelines are not applied. Some of them are considered.

The crime of this case requires strict punishment of the defendant in light of the following: (a) the defendant's act of committing the crime of this case committed an injury to the victim by taking advantage of the victim's face, and thereby causing serious injury to the victim; and (b) the actual occurrence of serious injury to the victim.

However, the fact that the defendant recognized the crime of this case and reflected it, the victim does not want the punishment of the defendant in agreement with the victim, the defendant is the first offender who has no record of criminal punishment, and the defendant's age, sexual behavior.

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