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(영문) 수원지방법원 평택지원 2017.08.16 2017고단1076

특수상해

Text

A defendant shall be punished by imprisonment for one year.

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 1, 2017, the Defendant, at around 00:20, 00, fested with the victim C (57 cm) who is a de facto marital husband in a restaurant operated by the Defendant and carried out a dispute over money as a monetary issue, and caused the victim to have face several times, and she collected the victim’s left part ( approximately 25 cm in total length, approximately 14 cm in length on the day), which is a dangerous thing in a restaurant in a restaurant, and put the victim’s knife one time, such as one time, and the victim’s left part 5 cm in front of the left part, and the right side, the victim’s number of days of treatment cannot be known.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspect C by the police;

1. Application of Acts and subordinate statutes of each photograph and investigation report (No. 16, 17 No. 5 of the evidence list);

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

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

1. The execution of imprisonment with prison labor is suspended as ordered by taking into account the following factors: (a) the issue is not less complicated in light of the motive of the crime with reason for sentencing under Article 48(1) of the Confiscation Criminal Act, and the part and degree of injury; (b) the fact that the case was an contingent crime that was committed by the injured party during the dispute, the primary crime, the fact that the injured party does not want the punishment of the accused; (c) the accused’s age, sexual conduct, environment, circumstances before and after the instant crime; and (d) the relationship with the injured party.