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(영문) 춘천지방법원 강릉지원 2016.11.17 2016고단1250
특수상해
Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 22, 2016, the Defendant: (a) around 23:45 on August 22, 2016, around the “C convenience point,” reported that D (58 years of age) a victim’s sexual intercourse with drinking and drinking, and the victim was drinking, “the victim was under the influence of alcohol,” and “the head of the victim was cut one time with a dangerous small-scale disease, and the victim’s face was bleeped into the floor, and the victim’s face was used on the floor.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of police suspect regarding D;

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

1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., the fact that there is little history of punishment for violent crimes, and that the victim does not want the punishment of the defendant);

1. Article 62 (1) of the Criminal Act on the suspension of execution ( repeatedly considering the grounds for discretionary mitigation);

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