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(영문) 의정부지방법원 2017.01.13 2016고단5036
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 21, 2016, the Defendant, at around 21:20, performed drinking together with “D” restaurant located in Busan, Daegu, Busan, the Defendant, while drinking alcohol with “D” E (60) of the son E (the son E (the son). On October 10, 2016, the Defendant putting the son’s disease, which is a dangerous object on the table, on the ground that the son was able to grow well, and the son’s son’s son was able to get off the son’s son and son’s son’s son, followed up the Defendant’s left inside and the tent of the 8 week period of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and E;

1. A report on investigation (in cases of attaching site photographs, etc.);

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes on site photographs and images of injuries;

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 of Article 62-2 of the Criminal Act on the grounds of protection observation, community service order and order to attend a lecture is that the sentencing guidelines are not applied directly to the sentencing guidelines set by the Sentencing Committee, and thus, the sentencing guidelines are not applied. However, some of the sentencing factors and the recommended sentences are taken into account.

Considering the fact that the crime of this case was committed by the Defendant due to an injury to the victim due to the injury of the victim, and that there was a relatively serious result of injury to the victim, and that there were many records of punishment already been punished for the same kind of crime, it is necessary to punish the Defendant strictly.

However, in light of the fact that the defendant led to the crime of this case, the victim does not want the punishment of the defendant in agreement with the victim, the defendant's age, sex, environment, motive and circumstance of the crime, and all other circumstances constituting the conditions of sentencing, such as the circumstances after the crime of this case, the punishment as ordered shall be determined.

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