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(영문) 수원지방법원 2017.01.19 2016고단4504

특수상해

Text

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

Reasons

Punishment of the crime

On July 30, 2016, the Defendant, at the main point of “E” located in Osan City D around 00:0 on July 30, 2016, listen to the horses of the Victim F (36 taxes) who drinked a mixed alcoholic beverage, and performed an alcoholic beverage on the side table, and on the ground that the horses do not appear in mind, the Defendant was “A school” for the victim on the alleyway in front of the above E at the same time.

As the body of the victim on both hand, the body of the victim was calculated by blicking the victim's blick, clicking signboards ( approximately 30 cm in length), which are dangerous objects, and blicking the body of the victim, and blicking the blick with his hand, etc., which require approximately two weeks of treatment.

Accordingly, the defendant injured the victim by dangerous things.

Summary of Evidence

1. The defendant's legal statement (as at the fifth public trial date);

1. Statement made by the police with regard to F;

1. Investigation report (to G phone search for witnesses);

1. Investigative reports (to hear statements from victims);

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. The reason for sentencing under Article 53 and Article 55(1)3 of the Act on Reduction of Quantity of Small and Medium Enterprises (amended by Act No. 55(1)3) went to the instant crime without being aware of the fact during the period of suspension of execution. Considering the method of the instant crime, the circumstances leading to the instant crime, etc., the nature of the relevant crime is heavy, and the Defendant’s sentence is inevitable

Taking into account the fact that the defendant's mistake is recognized and against the defendant, the degree of injury of the victim is not much serious, the agreement with the victim, etc., and other factors such as the defendant's age, sex behavior, family relation, etc., the sentence is ordered as per the disposition, comprehensively taking into account all the factors of sentencing as shown in the records and arguments.