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(영문) 수원지방법원 안산지원 2018.04.18 2018고단556

특수상해등

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.

(e).

Reasons

Punishment of the crime

Around 23:00 on January 14, 2018, the Defendant, while drinking alcohol together with D(56 taxes) of the victim, who was a son, had the victim take a bath about the Defendant’s identification, and he saw the victim’s head at the 500cc beer, which is a dangerous object on the table, and 500cc beer, the Defendant saw the victim’s head at one time, and embling the victim’s right side with the head at the end of the victim’s head. The Defendant continued to embling the victim’s head, and embling the victim’s shoulder at three times, the Defendant sawd the victim’s shoulder at the end of the victim’s 14-day medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

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 to mitigate small amount;

1. Part of dismissing the prosecution under Article 62(1) of the Criminal Act (a) of the suspended sentence (a majority of the defendants have been convicted of multiple violence, but the crime in this case occurred by contingency, and agreed with the victim)

1. The summary of the facts charged committed assaulting D, such as the date, time, place, and description of the facts constituting the crime, and as the victim E (at the age of 53), and as the victim E (at the age of 53), chemicalization took place, and used the victim's hand-to- hand when 3 times the victim's blick with the victim's hand-to-face.

2. This part of the facts charged is an offense falling under Article 260(1) of the Criminal Act and cannot be prosecuted against the victim’s express intent in accordance with Article 260(3) of the Criminal Act.

According to the records, the victim clearly expresses his/her intention that he/she does not want to be punished against the defendant on March 28, 2018, which was after the prosecution of this case was instituted.

Therefore, this part of the prosecution is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

It is so decided as per Disposition for the above reasons.