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(영문) 수원지방법원 안산지원 2019.03.28 2018고단4587

특수상해

Text

A defendant shall be punished by imprisonment for six months.

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 23:40 on August 10, 2018, the Defendant divided the victim D (year 45) and business-related dialogue with the victim at the main point of “C” located in Made-si B, B, on the ground that the victim made the victim unpared, “I am in accordance with the weather or in accordance with the weather”, and caused the victim’s bodily injury during the treatment period by taking the victim’s head, etc. into account the fluor’s disease, which is a dangerous object on the table of the above main line, and by taking the victim’s head into hand, the victim’s face and ear, etc. were 7 cm.

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of each statute on photographs;

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

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation ( although there are many previous departments, the degree of damage is not less than that of the previous departments, the defendant reflects the crime, and considering favorable circumstances, such as the fact that the defendant has agreed with the victim);

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

1. It is so decided as per Disposition on the grounds of Article 62-2 or more of the Criminal Act;