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(영문) 수원지방법원 2017.05.30 2017고단1236

특수상해

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On February 11, 2017, the Defendant inflicted injury on “D” toilets located in G, which are located in G, which is located in G, which is located in G, G, G, G, K, and C, in relation to the Defendant’s daily operation of tobacco in toilets, on the ground that: (a) the Defendant’s act of driving F, which is a part of the victim E (37 years old); and (b) the victim made a resistance in the process of speaking the Defendant; and (c) on the ground that the victim took an anti-end part in the process of speaking the Defendant, the Defendant sustained beer disease, which is dangerous to the victim, and suffered injury, such as a composite bridge, which requires treatment for about 26 days.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Photographs photographs of the current status;

1. Application of Acts and subordinate statutes to investigation reports (as to attachment of an injury diagnosis report);

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 (including circumstances favorable to the examination in the following cases);

1. The reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution (recognive in favor of the latter) are as follows: (a) comprehensively taking into account the following circumstances; (b) the Defendant’s age, family relation, sex, environment, motive and circumstance of the crime, means and method of the crime; and (c) the conditions of sentencing as indicated in the record, such as the circumstances after the crime, shall be determined as ordered

[The circumstances in favor of the defendant are as follows: (a) the defendant led to the confession of the crime of this case; (b) the victim did not want the punishment against the defendant by mutual agreement between the defendant and the victim; and (c) the defendant's act of driving in the toilet is deemed to have been committed by the crime of this case as a result of the victim's behavior and vision; and (d) there are circumstances to take into account the motive or circumstance of the crime; (b) the defendant was not subject to any criminal punishment other than a fine imposed once by a violation of the Punishment of Violence, etc. Act of 198; and (c) the surrounding persons, including the defendant's family members, want to take a preference.