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(영문) 수원지방법원 2019.09.04 2019고단2420

특수상해

Text

[Defendant A] The defendant shall be punished by imprisonment for six months.

[Defendant B] The defendant shall be punished by a fine of KRW 500,000.

Defendant.

Reasons

Punishment of the crime

1. At around 03:15 on May 12, 2019, Defendant A: (a) at the main point of “D” located in the second floor of the Suwon-si Suwon-si Building C, Defendant A, the victim B (the age of 45) caused the defect of the phrase “a person at home because the business was completed; (b) the beer’s disease, which is a dangerous object on his/her customer, left the beer, left the beer’s disease; and (c) then, he/she inflicted injury on the victim’s right part, including the victim’s left part, knife twice the left part, and the left part, caused injury on the days of treatment to the victim.

2. Defendant B, at the time, at the time, and at the place, as mentioned in the above 1.1., when the victim A (the age of 42) and Si expenses were taken, the victim’s face was taken to teared about 2 cm on the left side of the victim, and caused the victim’s physical loss by her shocking the body head, and the victim suffered an injury in the treatment days.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police interrogation protocol against the Defendants

1. A report on internal investigation, field photographs, etc.;

1. Application of Acts and subordinate statutes on the investigation report (CCTV verification);

1. Relevant Article 258-2 (1) and Article 257 (1) B of the Criminal Act: Defendant B: Selection of a fine under Article 257 (1) of the Criminal Act;

1. Defendant A subject to discretionary mitigation: Articles 53 and 55(1)3 of the Criminal Act (the following extenuating circumstances among the reasons for sentencing);

1. Defendant B of detention in a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Defendant B of the provisional payment order: Determination of the sentence as ordered by comprehensively taking into account the following conditions of sentencing under Article 334(1) of the Criminal Procedure Act, including the Defendants’ age, occupation, occupation, character and conduct, family relationship, and circumstances before and after the commission of the crime.

[Defendant A] Unfavorable - The defendant has a majority of the previous departments.

In particular, on March 21, 2019, the Defendant was sentenced to two months of imprisonment with prison labor for the crime of assault at Suwon District Court, and on March 29, 2019, which became final and conclusive on March 29, 2019, and two months have passed from the date of the final and conclusive judgment.