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(영문) 수원지방법원 평택지원 2016.06.29 2016고단609
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 April 9, 2016, the Defendant found the victim D(60) who walked the vehicle within the room, and without any justifiable reason, found the Defendant’s hump around the room, around 14:40 on April 14, 2016, and found the hump hump “this hump, pump,” and extracted the hump pipe, which is a dangerous object in the display stand on the street, and cut off the victim’s head one time, and inflicted injury on the two hump, etc. which requires treatment for a period of 14 days.

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 protocol concerning the examination of suspects of D;

1. Each written statement of the victim and witness;

1. A written diagnosis of injury;

1. Application of each statute on 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. Grounds for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on the Protection, Observation, etc. of Social Service Orders and the observation of protection;

1. Determination of types: Type 1 from among the groups of habitual injuries, repeated injuries, and special injuries;

1. Special sentencing factors: The person who is not subject to punishment;

1. Scope of recommended punishment: Imprisonment with prison labor for one year and six months to two years (the area of mitigation of type 1);

1. A suspended sentence: A positive part of punishment - A person who is not subject to punishment or who is clearly related to social relationships, or who has no record of a suspended sentence

1. Determination on the application of the sentencing criteria (determination of sentence): Imprisonment with prison labor for eight months, suspension of execution for two years - Circumstances as seen earlier, and motive and background leading to the crime, circumstances after the crime, criminal records, the age of the accused, sexual conduct, intelligence, environment, etc., and all other circumstances, the punishment lower than the lower limit of the recommended punishment shall be sentenced;

It is so decided as per Disposition for the above reasons.

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