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(영문) 수원지방법원 성남지원 2018.09.05 2018고단1375

특수상해

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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 May 27, 2018, the Defendant 14:10 around 14:10, while drinking alcohol together with the victim D, E, etc. at the “C” restaurant located in Sungnam-si, Sungnam-si, the Defendant 2018, on the ground that the victim took a bath to E, and she saw the victim’s head on one occasion with an empty disease, which is a dangerous object at that place, and put the victim into two parts of the number of days of treatment (20m in the upper part).

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to investigation reports, field photographs, photographs of victims, investigation reports (Listening to statements by reference witnesses, etc.), investigation reports (the extent of damage inflicted on the victim), and photographs of victims;

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for the sentencing of Article 62-2 of the Criminal Act on community service and lecture attendance order;

1. Prosecutor’s opinion - One year of imprisonment;

2. Determination of sentence - Six months of imprisonment, danger of the defendant for a two-year stay of execution, degree of damage, and the fact that the defendant has the same power as the defendant are disadvantageous.

However, considering favorable circumstances, such as the confession of the defendant, the fact that the victim does not want the punishment of the defendant in agreement with the victim, the amount of punishment shall be reduced by taking into account the favorable circumstances, such as the defendant's age, sex, environment, motive, means and consequence of the crime, circumstances after the crime, etc., the punishment shall be determined by comprehensively taking into account various sentencing conditions under Article 51 of the Criminal Act as stated in the records and arguments of the case and the execution of the punishment shall be suspended.