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(영문) 수원지방법원 평택지원 2018.05.30 2018고단223

특수상해

Text

A defendant shall be punished by imprisonment for not less than eight months.

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

피고인은 2018. 1. 24. 15:00 경 평택시 B에 있는 C 식당에서, 지인인 피해자 D(34 세) 와 함께 술을 마시던 중 피해자가 자신에게 버릇없이 행동한다는 이유로 화가 나 탁자 위에 있는 위험한 물건인 소주병을 들고 피해자의 뒤통수를 1회 가격하고, 계속하여 손으로 피해자의 머리채를 잡은 후 오른 주먹으로 피해자의 가슴 부위를 1회 때리고, 오른 발로 피해자의 가슴 부위를 1회 걷어 찼다.

As a result, the defendant carried dangerous articles and inflicted bodily injury on the victim, such as the number of days of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements prepared in D;

1. Application of Acts and subordinate statutes to each investigation report (No. 10, 11 of the evidence list);

1. Articles 258-2 and 257 (1) of the Criminal Act relating to 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 favorable circumstances):

1. Article 62 (1) of the Criminal Act on the suspension of execution (the following normal consideration):

1. In light of the reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act and the method of committing a crime, price adjustment, etc., the liability for the crime is not weak, but erroneous recognition and reflects. The victim has contributed to the occurrence of the crime in this case, the victim has received a letter from the injured party, and other factors such as the defendant's age, sex, environment, circumstances leading to the crime, circumstances after the crime, and records of the crime shall be comprehensively considered, and the punishment as set forth in the order shall be determined as ordered.