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(영문) 수원지방법원 2020.04.23 2019고단5564

특수상해

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On July 10, 2019, the Defendant: (a) around 00:05, at the time of Suwon-si, the victim C (hereinafter “D Job Placement Office”) on the second floor of the building B in Suwon-gu, Suwon-si, Suwon-si; (b) in order to mediate the dispute between the victim and F, the president of the “E”, the Defendant: (c) performed drinking together with the victim; (d) carried out twice the victim’s left arms, which are dangerous objects under the influence of multi-investment with the said F; and (d) carried out twice the victim’s injury on the body of the complete body and the closed body for about 10 weeks.

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

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning C and G;

1. C’s statement;

1. The police seizure record and the list of seizure;

1. A criminal investigation report (in cases of an interview between a victim and witness), an investigation report (G telephone call hearing);

1. Application of the Acts and subordinate statutes to take on-site photographs, to take on-site photographs, to examine injuries, to photographs damaged by the victim, and to photograph the CCTV related to the case after conducting an operation;

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;

1. Social service order under Article 62-2 of the Criminal Act;

1. The crime of this case for the reason of sentencing under Article 48(1)1 of the Confiscation Criminal Act is deemed to have committed an act of assaulting a victim with a view to a view to a dangerous object of the defendant and causing a very serious injury, and its nature is not very good, and the defendant has been punished several times for the same kind of crime.

However, the sentencing factors such as the defendant's age, character and conduct, environment, motive and background of the crime, and circumstances after the crime of this case shall be determined as ordered in consideration of the fact that the defendant recognized the crime of this case, the defendant's mistake is divided, the defendant's punishment is not imposed against the defendant, the defendant's age, character and behavior, environment, motive and circumstance of the crime, etc.