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(영문) 전주지방법원 군산지원 2016.06.22 2016고단376
특수상해
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

On February 15, 2016, the Defendant, at around 18:20 on February 15, 2016, had drinking together with his son B, etc. (56 years of age).

In the process, the Defendant dupbling the flaps from the injured party and faced his face with food, and laid the flaps, which are dangerous articles in the room, and laid the head of the injured party once, thereby getting out from the head of the injured party.

As a result, the defendant carried dangerous things with the victim and inflicted an injury, such as an open wound, which requires two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect B of the police;

1. Statement made by the police against C;

1. Photographs;

1. Application of Acts and subordinate statutes of a medical certificate;

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. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of the recommended sentence] general injury (the scope of the recommended punishment] (the period of April to one year and six months) where punishment is not imposed (including a serious effort to recover damage), or where considerable damage has been recovered from the basic area (the period of special mitigation) or where the crime was committed by the threat of collective force or multiple groups, or by carrying a deadly weapon or other dangerous articles (except where the crime of habitual injury, repeated injury, or special injury is applied to the group of special injury), and the crime was committed by carrying a deadly weapon or other dangerous articles (except where the crime of habitual injury, repeated crime, or special injury is applied to the case where the sentencing guidelines for the special injury is not prepared, and thus, the sentencing guidelines for the special injury is below the lowest limit. [the sentence] The defendant is against his/her mistake, agreed with the victim, circumstances leading to the crime of this case, victim's age, degree of injury, and other circumstances leading to the defendant in this case, etc. shall be determined by taking into account the order of punishment.

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