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(영문) 수원지방법원 2020.04.23 2020고단83

특수상해

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

At around 09:51 on February 24, 2019, the Defendant collected stones (10cm, 10cm, 10cm, 5cm, 20cm in thickness) from the victim C (the age of 26) who was drinking together, on the ground that he was called “math without permission” from the victim C (the age of 26) who was under drinking, and immediately damaged the victim’s head in order to get off a taxi, and then caused the victim’s injury, such as the two sides of the number of days of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D or C;

1. Application of Acts and subordinate statutes to the victim of violence, photographs of the victim, field photographs, 112 reported case handling table, and photographs of stones;

1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is that the defendant committed the instant crime even though he/she had the record of being punished twice for the same crime, and that the victim did not reach an agreement with the victim, and that the victim was punished against the defendant is disadvantageous.

However, there are circumstances to consider the fact that the defendant recognized the crime of this case and is against the defendant, the degree of injury suffered by the victim, the defendant's drinking together with the victim committed the crime of this case as a tree satise or chemical satisfy, and the circumstance that the defendant committed the crime of this case. There is no record of criminal punishment exceeding a fine, and other conditions of sentencing as shown in the records, such as the defendant's age, occupation, character and conduct, family relationship, and circumstances before and after the crime, shall be determined as ordered by considering the following factors.