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(영문) 의정부지방법원 2017.12.27 2017고단5126
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 October 1, 2017, the Defendant: (a) around 20:30 around 20:30, 103 of the Yancheon-gu Yancheon-si, Mancheon-gu, Mancheon-gu, Mancheon-si, Mancheon-gu, Mancheon-si (71) sold the victim’s side and back head on one occasion every time on the part of beer disease, which is a dangerous thing; (b) continued to receive the victim’s inside side and back head, and (c) continued to undergo approximately 31 days medical treatment, including dental work requiring approximately 14 days medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Entry of C’s statement;

1. Each description in two on-site photographs and diagnosis reports, and the application of video Acts and subordinate statutes;

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

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Reasons for sentencing under Article 59 of the Act on the Observation of Protection and Community Service Orders (Article 62-2(1) and the main sentence of Article 62-2(2) of the Criminal Act, and the Observation, etc. of Protection (Article 258-2 of the Criminal Act newly established on January 6, 2016) (The sentencing criteria are not yet established, and thus, the sentencing criteria are not applicable).

The defendant assaulted the victim to inflict an injury, and the degree of injury is not easy.

Nevertheless, the Defendant did not make any effort to recover damage (37 pages of evidence record). In the case of special injury, only imprisonment is prescribed by statutory penalty, and the lower limit is one year, and thus, the Defendant should be sentenced to imprisonment.

However, the execution of a sentence shall be suspended in consideration of the fact that the defendant confessions an offense and is against himself/herself, and that there is no past record of criminal punishment for more than eight years prior to the instant case, and considering the aforementioned circumstances, measures to be taken for protection and observation and social service for a long time shall be ordered.

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