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(영문) 춘천지방법원 영월지원 2018.05.01 2018고단39
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 July 16, 2017, the Defendant: (a) committed assault on the ground that the Defendant did not pay the victim D(43 tax) in C Office located in Gangwon-gun B, Gangwon-do around 21:30 on July 16, 2017; and (b) sent her head one time as a drinking, and made a hand turn at a time on the victim’s hand.

2. On August 29, 2017, at around 12:00, the Defendant: (a) scam the victim’s scam on the same ground; (b) scam the victim’s head several times by drinking, and (c) scam, which is a dangerous object in the office (the total length of 99cm and 3.7cm); (d) the victim’s shoulder and scam, which is a dangerous object in the office, has taken once a part of the victim’s shoulder and scam; (b) scam, which is a dangerous object in the office, scam the victim’s head was cut once; and (d) the victim inflicted injury on the victim, such as scambine and scam, which requires approximately three weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A protocol of seizure and a list of seizure;

1. A report on investigation (to take photographs of a victim's body to inflict damage);

1. Each photograph;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant legal provisions of the Criminal Act and Article 260 (1) of the Criminal Act (the point of assault and the choice of imprisonment), Articles 258-2 (1) and 257 (1) of the Criminal Act (the point of special injury) concerning criminal facts;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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. In full view of the circumstances, such as the motive of the crime of sentencing under Article 48(1)1 of the Confiscation Criminal Act and the victim’s damage, the Defendant’s liability for each of the instant crimes, which are disadvantageous to the Defendant, such as the Defendant’s recognition of each of the instant crimes, the favorable circumstances such as the Defendant’s character and conduct, environment, background leading to the instant crime, and circumstances after the instant crime, etc., other than the punishment imposed by a fine in 195, and other circumstances that form conditions for the sentencing indicated in the records of the instant case, such as the following circumstances.

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