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(영문) 수원지방법원 평택지원 2017.03.15 2017고단206

특수상해

Text

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

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

Reasons

Punishment of the crime

The defendant is a foreigner of Dara or nationality.

On January 31, 2017, the Defendant: (a) around 02:35, at the main point operated by the victim D (23 tax) of the victim D (23) in Ansan C, the Defendant appeared to have done surveillance in order to prevent the Defendant from escape since the said victim did not calculate the Defendant’s conduct; (b) on the hand floor, the Defendant left the victim’s head one time with a beer, which is a dangerous object, and (c) the said beer’s escape was broken, and the relevant beer’s scam was seated after the said victim’s scam, and then the said beer’s scam was 23 tax).

Accordingly, the defendant carried dangerous articles and put the victim D an open room for the head of the unclaimed right side, and the victim E an open room for the number of days of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to E and D;

1. A report on investigation (as regards on-site CCTV),

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. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

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. Circumstances unfavorable to the reasons for sentencing under Article 62(1)(C) of the Act on the Suspension of Execution: The crime of this case is a case in which the defendant gets the head of the victim from the beer disease without any reason and thereby inflicts injury on the victims, and is in itself highly likely to cause danger and criticism: other favorable circumstances such as confession, reflectivity, first offense, and the victims, which do not want punishment against the defendant: The defendant's age, family relation, circumstances of the crime, etc. are sentenced to imprisonment with prison labor for not less than eight months, and two years of suspension of execution or more.