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(영문) 수원지방법원 여주지원 2019.03.05 2018고단984

특수상해

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

At around 19:50 on October 18, 2018, the Defendant misleads the victim D (the age of 48) who was seated with a string table in the “C cafeteria”, which was located in Singju City B, that he saw the Defendant as disregarding the Defendant. As such, the Defendant collected fluor’s disease, which is a dangerous object on the table of the victim, and caused damage to the victim’s head, which requires approximately two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of E and D;

1. Statement of E;

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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. 4 months to 1 year from the scope of the recommendation (not subject to punishment);

2. Determination of sentence: (a) the risk of the form of the act of sentencing, the circumstances leading to the commission of the crime, etc. shall be considered to be a disadvantageous condition; (b) the consideration of the fact that the situation is human and reflect, the agreement with the victim, and the fact that no punishment has been imposed after around 209

In this regard, all the sentencing conditions under Article 51 of the Criminal Act, such as the defendant's age, character, behavior and environment, are determined as above.