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(영문) 수원지방법원 안산지원 2017.08.18 2017고단1853

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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 27, 2017, the Defendant, “D” in the restaurant, “D,” which was located in G, in light of around 18:00 around 27, 2017, brought about a minor dispute with the victim E (60) while doing so, and brought about three times the head of the victim, resulting in an injury to the victim, such as a head covered top, which requires approximately two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A criminal investigation report (informating the scene and photographs of damage);

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

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

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. The sentencing guidelines are not set for special injury (Article 258-2 of the Criminal Act) for the reason of sentencing under Article 62(1) of the Criminal Act (the following factors are repeated for the reason of sentencing).

A punishment as ordered shall be determined within the scope of a limited term of punishment, in consideration of all the sentencing conditions specified in the instant case, such as the defendant's age, sex, environment, motive or background of the crime, relationship with the victim, means and consequence, and the circumstances after the crime.