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(영문) 의정부지방법원 2018.05.30 2017고단1457
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 24, 2017, the Defendant: (a) laid off the cell of the victim’s head on one occasion (3 cm in head, 30cm in total length) that was dangerous goods in a new place of requisition, and laid off the cell (30 cm in head, 30 cm in length) with the Defendant’s house located in the Gu-si B apartment in the Gu-si B apartment on one occasion in order to make it difficult for the victim to know of the number of days of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

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

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

1. Relevant Article 258-2 (1) and Article 257 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Orders to observe protection and attend lectures under Article 62-2 of the Criminal Act;

1. Reasons for sentencing under Article 48(1) of the Criminal Act;

1. Period of punishment by law: Imprisonment with prison labor for one year to ten years;

2. Determination of sentence: One year of imprisonment, and three years of suspended sentence, the defendant was sentenced to two years of imprisonment and three years of suspended sentence due to violent crimes against his family, and the judgment became final and conclusive, and again committed the instant crime during the suspended sentence period.

A crime is a bad thing to bring the head of the victim due to a brush.

A person who is the friendly living together of the defendant has used the defendant, and wanted to take the action against the defendant.

The defendant has received hospitalized treatment due to alcohol addiction, and suffers from liver disease, alcohol liver infection, urine disease, etc.

Divorce and support children who are the first-year high school.

Such circumstances are considered as favorable to the defendant, and the defendant's age, sex, environment, circumstances, motive and result of the crime, circumstances after the crime, and other conditions of sentencing specified in the arguments shall be determined as ordered.

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