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(영문) 수원지방법원 평택지원 2017.07.19 2017고단675

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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 13, 2017, at around 06:50, the Defendant, at the house of the victim D (Inn, 36 years of age) of Pyeongtaek-si apartment 102, Dong 1110, Dong 1110, the Defendant: (a) pushed the victim’s head by hand while drinking together with the victim; (b) the victim’s head was tightly boomed two times with the victim’s head; (c) the victim’s face was quih with his hand; and (d) the victim’s right part was quihed with the victim’s face; and (d) the victim’s head was boomed with two weeks of treatment.

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of D and E;

1. A protocol concerning the examination of suspects of D;

1. A written diagnosis of injury;

1. Each photograph (the defendant and his defense counsel asserted that at the time of this case only the defendant prices the head of the victim's body as a main soldier, and that there is no wheels or arms to the victim's face. However, considering each of the above evidence, the defendant prices the head of the victim's face twice as a main soldier, was able to have the face of the victim's face by hand, and sufficiently recognize the fact of the victim's face. Thus, the above assertion is rejected).

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 (Article 55 and Article 55 (1) 3 of the Criminal Act (The following favorable circumstances):

1. Article 62 (1) of the Criminal Act on the suspension of execution (Article 62 (1) of the Criminal Act on the following favorable occasions):

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of Social Service Order: The use of small-scale disease, which is a dangerous object to the crime of this case, the risk and criticism of the victim's head itself due to small-scale illness, the victim's wishing to punish the defendant, the victim's several records of having been punished due to violence-related crimes.