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(영문) 의정부지방법원 고양지원 2018.11.02 2018고단1895
특수상해
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is between the victim B (57) and the married couple.

On February 4, 2018, the Defendant was disputing the issue of marriage and family attendance between the victim and his/her father at the ward of C Apartment-dong 301, 602 at around 21:50 on February 4, 2018, the Defendant: (a) was under the influence of alcohol; (b) was carrying out as if the victim were to die and die, and (c) was committed as if he/she were to commit suicide, and (d) was to have the victim and his/her mother away his/her excessive amount from the victim, and led to the victim’s left-hand part of the victim’s back once.

As a result, the defendant carried dangerous things and inflicted an injury on the victim, such as the clothes in which it is impossible to know the number of days of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Statement of opinion;

1. Protocols of seizure, list of seizure and photograph of seized articles;

1. Application of Acts and subordinate statutes to photographs of damaged parts;

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of applicable sentences by law: Imprisonment for one year to ten years; and

2. Application of the sentencing criteria (the sentencing criteria for special injury crimes are applied to prosecution cases after August 15, 2018, and only use it as reference materials with respect to this case) (the scope of recommended punishment) basic area (six months to two years), (special mitigation or aggravation) basic area (special mitigation or aggravation) (special mitigation or aggravation) of the sentencing criteria (special mitigation or aggravation).

3. Determination of sentence: (a) the method and result of the instant crime, in light of the method and result thereof, is not less complicated.

However, the defendant's mistake is against the defendant, and the victim is present in this court and the cause of the occurrence of this case exists.

At the same time, the defendant's wife is considered as the defendant's wife.

The Defendant reported 119 immediately after the instant crime and took active measures to prevent the spread of damage.

The defendant is a crime of violating the Road Traffic Act (drinking driving) once.

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