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(영문) 의정부지방법원 2017.04.20 2016고단5309
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

On September 13, 2016, the Defendant: (a) around 08:10 on September 13, 2016, on the ground that the injured party was unable to open the body used by the Defendant at the residential marina of the injured party C (62 tax) located in Spocheon-si, Spocheon-si; (b) in the snife with the snife pipe, caused the injured party to go beyond the floor, and caused the victim to go beyond the floor, and caused the victim to go up to the right knife in need of approximately four weeks of treatment.

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of the victim (C);

1. Photographss of damaged parts, and photographs of dangerous objects;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

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 to mitigate small amount (including the fact that the defendant reflects his/her fault in depth and that the defendant has no criminal record for the same kind of crime);

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

1. The community service order under Article 62-2 of the Criminal Act;

1. The reasons for sentencing under Articles 25(1), 31(1), and 31(2) (a) of the Act on Special Cases concerning the Promotion, etc. of Lawsuits for Compensation Orders [the defendant recognized the duty to pay the full amount of the application for compensation order filed by the victim in the court] / [type of general injury] / Where the defendant committed the crime by carrying a deadly weapon or other dangerous articles [the person subject to special sentencing] : In cases where he committed the crime by carrying a deadly weapon or other dangerous articles [the scope of recommendation] : In cases where he committed the crime by carrying a deadly weapon or other dangerous articles [the scope of recommendation] : June - 2 year suspended sentence [the main reasons] / [the case where he committed the crime by carrying a deadly weapon or other dangerous articles [the main reasons] / [the case where the victim's application for compensation order was recognized and deposited considerable amount] / [the affirmative reason] contingent crime, serious reflect, considerable amount of money deposit, the defendant is in depth of the victim's living without permission.

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