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(영문) 의정부지방법원 2016.06.20 2016고단996
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 December 31, 2015, at around 20:05, the Defendant 20:05, called the victim D(33) and the victim E(333) who were subordinate staff at C cafeteria located in Namyang-si, Namyang-si, 2015. On the ground that the victim D would speak, the Defendant collected 50CC beer, which was a dangerous object on the table, twice the victim D, and followed the head of the victim D, and followed the head of the victim E.

Accordingly, the defendant carried dangerous articles and carried a head 4 cm in which the number of days of treatment can not be known to the victim D (2 cm in front, 4.5 cm in front, 2 cm in front, 4.5 cm in front) and the head gate in which the number of days of treatment cannot be known to the victim E (4 cm in front, 4 cm in front).

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Written statements of D;

1. Application of Acts and subordinate statutes to a report on investigation (the details of victim treatment);

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

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

1. The crime of this case on the grounds of sentencing Article 62-2 of the Social Service Order Criminal Act requires a strict punishment for having inflicted an injury upon a person for beer World Cup.

However, the execution shall be postponed in consideration of the fact that the defendant agreed with the victims.

In addition, the sentencing conditions against the defendant, such as the fact that the defendant has four times of a fine, the age, sex, and circumstances after the crime, shall be determined in consideration of all the kinds of sentencing conditions disadvantageous to him/her as ordered.

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