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(영문) 수원지방법원 2017.01.12 2016고단6337

특수상해

Text

A defendant shall be punished by imprisonment for six 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 August 18, 2016, the Defendant: (a) around 23:25, around 23:25, the Defendant, while drinking with the victim D (30 taxes) and drinking alcohol, went against the victim; (b) brought a dispute with the victim; (c) while doing a dangerous article on the table, the Defendant 500cc bec bec bec bec bec bed with the victim’s hand; and (d) once the victim’s full number and back water level, the Defendant 2 weeks of treatment was open to the victim, which requires approximately two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

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

1. A written diagnosis of injury;

1. Application of on-site photographs and the Acts and subordinate statutes governing damaged body photographs;

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. The reason for sentencing under Article 62(1) of the Criminal Act on the suspension of execution lies in injury to the victim by taking advantage of the beer balance, and taking advantage of the content and method of the crime, etc.

However, in light of the following factors: (a) the defendant is erroneous, and the degree of injury to the victim is not much serious; (b) the defendant has agreed with the victim; and (c) the defendant has no record of criminal punishment prior to the instant case; and (d) other factors of sentencing as indicated in the records and arguments, such as the circumstances leading to the commission of the crime, circumstances after the crime, the age of the defendant, and sexual conduct, are comprehensively considered, and the sentencing conditions