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(영문) 수원지방법원 안양지원 2017.06.16 2017고단350

특수상해

Text

A defendant shall be punished by imprisonment for not less than eight 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 February 25, 2017, the Defendant, at a vinyl located at a point of 200 meters near the B, in order to inflict an injury on the victim C (29 years), D, etc., a high school, on the ground that he/she did a dispute between the victim and D, despite the Defendant’s speech that he/she does not hear it, he/she collected a watch (33 cm in length) which is a dangerous object at the same place, and caused the victim, etc. to suffer an injury, such as the head, body, etc., where it is impossible to identify the number of days of treatment by getting off his/her head, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of statutes on records of seizure and lists of seizure;

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 sentencing under Article 48(1)1 of the Confiscation Criminal Act - Unfavorable circumstances: The nature of the crime is not good in light of the implements used for the crime, the part causing an attack, the degree of injury suffered by the victim, etc.

- Other circumstances: Consideration of the background of the crime committed by a victim in the course of speaking the victim's fighting, circumstances after the crime, the age of the defendant, sexual conduct, environment, etc.