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(영문) 수원지방법원 2019.07.11 2019고단1019

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

On November 22, 2018, around 20:59, the Defendant sought “C” 106, and “C” 106, which is located in Suwon-si B, and the victim D (n, 23 years of age, and Chinese nationality) who took an entertainment entertainment entertainment cause, sought to look at the victim’s chest, but the victim refused to do so, and the victim made a single stop of the part on the part of the victim’s chest on the glass cup, which is a dangerous article, and put the victim on the right side side, which requires approximately two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. The protocol of statement by the police as to whether it is obvious that it is a clerical error in D, although it is shown as the defendant A in the D evidence list (the eight pages of the investigation record);

1. Report of internal investigation (as to the process of the receipt of the case), report of internal investigation (as to the glass World Cup used for the criminal conduct, CCTV investigation (in inside and outside of C), report of internal investigation (in addition to the E oral statement and bodily injury diagnosis attached - attached medical certificate), investigation report (as to the person suspected of being accused of having made the statement of the victim, F)

1. 12 reported case handling table, respectively;

1. Application of Acts and subordinate statutes, such as photographs of damaged parts, photographs of damaged parts, receipts of medical expenses (Submission of victims), photographs, etc.;

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. The sentencing of Article 62(1) of the Criminal Act reflects the fact that the defendant's mistake in sentencing is recognized, the defendant is not subject to the punishment of the defendant, taking into account the following circumstances: the defendant's age, occupation, character and conduct, family relationship, and circumstances before and after the crime, etc., and the punishment is determined as ordered.