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(영문) 의정부지방법원 2016.04.04 2015고단3365
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 August 5, 2015, around 23:00, the Defendant suffered injury to the victim, on the ground that: (a) the victim C (nore, 36 years of age) argued about the other person; (b) the victim C (nore, 36 years of age) took a bath to the Defendant; and (c) the victim suffered injury to the victim, on the ground of the wall, which is a dangerous object, made twice the head of the victim’s back and 14 days of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Scenic photographs;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

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 suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Social Service Order has committed a very serious crime that leads to the victim’s head, citing a scam.

However, when the defendant tried to fight another person with the victim, the victim is a criminal defendant who has committed contingent acts in the state of physical fighting with the victim's desire, the defendant has no previous conviction since 1998, and other conditions of punishment disadvantageous to the defendant, such as the defendant's age, sex, and circumstances after the crime, etc., shall be determined as ordered by taking into account all the conditions of punishment disadvantageous to the defendant.

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

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