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(영문) 수원지방법원 2016.11.30 2016고단5292

특수상해

Text

A defendant shall be punished by imprisonment for not more than ten 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 04:30 on August 26, 2016, the Defendant returned to the skin management store operated by the mother of the Defendant in Suwon-gu, Suwon-si, Suwon-si, but the mother was not able to meet, and the mother was waiting to move out and move out of, the Defendant’s wife (33 years of age) and returned to Korea after receiving the call “the talk at the house to go out of the house” from the victim D (33 years of age) who is the Defendant’s wife.

At around 06:00 on August 26, 2016, the Defendant was seated in the Defendant’s house located in Suwon-gu, Suwon-si, and the Defendant’s house.

I see that we talk with drinking.

"If the victim refused this, the victim was able to see the mother while drinking, and the defendant was able to see him/her while drinking, and the victim was faced with the beer's beer's beer's beer's beer's beer's beer's beer's beer's beer's beer's beer's beer's beer's beer's beer's face, and two times the victim's face was left on the left side by drinking.

As a result, the defendant carried dangerous objects and carried them about two weeks of medical treatment, which requires two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements prepared by D;

1. Descriptions of a medical certificate;

1. Each image of the damaged scene and the victim's body photograph;

1. Application of the Acts and subordinate statutes stating a criminal investigation report;

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

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 2009Da15488, Apr. 1, 201; Supreme Court Decision 2009Da1448, Apr. 2, 201)

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary Mitigation, etc.);

1. The main sentence of Article 62-2 (1) and (2) of the Criminal Act on Probation;