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(영문) 의정부지방법원 2017.05.22 2017고단1218
특수상해등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 03:10 on March 2, 2017, the Defendant suffered an injury in need of medical treatment for about 10 days, including on the face of the Victim E (30 years) and on the face of the Defendant’s sons, who had not been able to go to a usual religious issue, while holding a funeral ceremony before the branch of the DVIP room located in Yangju City, and on the part of the Defendant’s sons.

2. Special assaulting the Defendant, at the time, at the place specified in the “1” claim, reduced the knife by the knife of the family members in the vicinity, after dancing, and used the dangerous articles on the surrounding table to the knife son’s father, and used the knife to the victim F (55 years old) who is the father of the E.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of E and F;

1. Each description in a damaged photograph, internal report (CCTV investigation), injury diagnosis report, and the application of video-related statutes;

1. Relevant provisions of the Criminal Act, Articles 258-2 (1), 257 (1) (a point of harm) of the Criminal Act, Articles 261 and 260 (1) of the Criminal Act (a point of assault and choice of imprisonment, etc.) concerning criminal facts;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (an aggravated punishment for concurrent crimes with severe special injury) shall be applicable;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Reasons for sentencing under Article 62(1) of the Criminal Act (the following sentencing grounds have not been provided for sentencing guidelines for special injuries under Article 258-2 of the Criminal Act, newly established on January 6, 2016).

In the instant special injury crime, only imprisonment is prescribed as statutory penalty, and the lower limit is one year.

However, it is against the fact that the defendant is making a confession of all the crimes, there are circumstances to consider the circumstances of the crimes, and the victims want to punish the defendant.

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