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(영문) 수원지방법원 안양지원 2019.08.09 2019고단25

특수상해

Text

A defendant shall be punished by imprisonment for six months.

However, 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

At around 02:30 on September 16, 2018, the Defendant requested a conversation from the victim D (Nam, 18 years of age) who was sitting in the front of the convenience store under the influence of alcohol, and the victim refused the conversation with the Defendant, making the victim a fluor, fluoring the fluor’s disease, putting the fluor’s left part on his hand, putting the fluor’s left part, putting the fluor’s disease on the victim’s hand, and continuously putting the fluor’s fluor’s disease, and putting the fluor’s disease on the victim’s fluor’s fluor’s left part, and “A fluor. f. f., f., f., f., f., with the victim.”

As a result, the defendant carried a dangerous product, and carried the victim's disease, and carried about about two weeks of treatment, and carried the right slots and the left-hand check box.

Summary of Evidence

1. Partial statement of the defendant;

1. Witnesses D and E's respective legal statements;

1. A written diagnosis of injury;

1. Application of the investigative report (CCTV attachment), CCTV video CD-related Acts and subordinate statutes for crime prevention;

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 for discretionary mitigation;

1. It is not good that there is a way to commit a crime that carries dangerous articles with reason for sentencing under Article 62(1) of the Criminal Act.

Nevertheless, it is difficult to find out that the defendant denies the crime against his/her will.

However, it is difficult to view that it appears to be a contingent crime and the degree of injury is important.

It is judged that the victim is responsible to some extent for the occurrence of crime.

There is no more criminal conviction than fine for the same crime.

The health status of defendants is not good.

The sentence shall be determined as ordered in consideration of such circumstances, the age, character and conduct, environment, etc. of the defendant.