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(영문) 수원지방법원 2016.11.10 2016고단5724

특수상해

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 4, 2016, at around 22:00, the Defendant, “C” in the name of “C,” and “C,” the Defendant, without any special reason, performed alcoholic beverages together with the victim D, used the humped fish (23 cm in length) that is a dangerous object in the table, and used the humped fish (23 cm in length) to put the victim into the face and the left-hand side of the victim in need of treatment for a period of 14 days.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Written statements of D;

1. A written diagnosis of injury;

1. Application of the existing Acts and subordinate statutes under subparagraph 1 of this Article;

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 (The following favorable circumstances):

1. The reason for sentencing under Article 62(1)(hereinafter referred to as the following favorable circumstances) of the Act on the Suspension of Execution is that the Defendant, as a result of the sentencing, has inflicted an injury upon the injured party by the declineed thing, which is a dangerous thing.

On the other hand, the fact of crime is recognized and wrong.

The agreement was reached with the victim.

In addition, it is also recognized that the history of criminal punishment is not confirmed, in addition to fines (two times).

In full view of the aforementioned circumstances and the Defendant’s age, character and conduct, environment, family relationship, motive and consequence of the crime, circumstances after the crime, etc., and circumstances constituting the conditions for sentencing as shown in the instant pleadings, a suspended sentence of imprisonment with prison labor shall be imposed on the Defendant.