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(영문) 수원지방법원 여주지원 2018.10.31 2018고단833

특수상해

Text

A defendant shall be punished by imprisonment for one year.

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 August 21, 2018, the Defendant collected beer disease, which is a dangerous object on the customer's seat, and laid down one time the head part of the victim's body on the part of the victim, and caused approximately three weeks of the head in need of medical treatment to the victim by putting her arms on his/her hand.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. E statements;

1. A medical certificate;

1. A report on the occurrence of a crime;

1. Application of Acts and subordinate statutes to the site and photographs of damaged parts;

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 on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures;

1. The scope of punishment by sentence: Imprisonment for one year to ten years;

2. Where the scope of the sentence recommended on the sentencing guidelines [the scope of the sentence recommended] is limited to the scope of the sentence [the scope of the punishment recommended], the area of mitigation (four months to one year), the area of punishment (including special mitigation), the source of punishment (including serious efforts to recover damage), or considerable damage has been restored;

3. Although the violence revealed in the instant crime by the Defendant’s decision of sentencing is not easy, the Defendant’s mistake is against the Defendant, and the victim does not want the punishment of the Defendant.

Defendant has been punished by a fine due to violent crimes, and has a number of criminal records.

All the circumstances, such as the motive and background of the instant crime, the circumstances after the instant crime, the relationship with the victim, the age of the accused, the sexual conduct, and the environment, shall be considered together, and the punishment as ordered shall be determined.