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(영문) 수원지방법원 2017.10.27 2017고단4513

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 July 1, 2017, at around 22:15, the Defendant: (a) called “tobacco” to the victim E (64 years of age) who is a customer in the D Game room in Suwon-si, Suwon-si; (b) however, the Defendant divided the victim into “non-tobacco”; (c) at the end of Aluminium (1.5cm X 40cm X 1.5cm in length) which is a dangerous object in possession; and (d) once f (47 years of age) of the victim’s f (56 years of age) who was on the side of the said f (56 years of age) and the left shoulder of the said f (56 years of age) one stop, and damaged the victim’s fright for treatment for about 14 days and damaged the victim’s fright for 14 days, and then the victim’s fright for treatment between the victim’s fright and the other necessary fright 14 days’ ple.

Accordingly, the defendant carried dangerous articles and inflicted an injury on the victims respectively.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Each written statement of E and G preparation;

1. A protocol of seizure and a list of seizure;

1. An investigation report (report accompanied by a medical certificate of injury submitted by two persons, other than victims E);

1. Analysis of CCTV image data and on-site verification;

1. Application of Acts and subordinate statutes to the records of seized objects, photographs of the upper part of the body, photographs of the victim F, and pictures of the case;

1. Articles 258-2 and 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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 Suspension of Execution (the fact that a crime has been committed in a somewhat under the influence of a certain degree, the degree of injury to the victims is relatively minor, and the victims do not want punishment against the defendant by mutual consent with the victims shall be considered as favorable circumstances);