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(영문) 수원지방법원 2018.07.18 2018고단3076

특수상해

Text

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

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

Reasons

Punishment of the crime

On May 25, 2018, the Defendant, at a singing room located in Suwon-gu, Suwon-si B on May 25, 2018, performed drinking together with other daily behaviors, including the victim C (46 taxes). On the ground that the victim, who was a dangerous object that was placed on a customer, made the victim feel at the victim’s right eye, and caused the victim’s injury that the upper part of the part of the victim’s right eye was to tear.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of the Acts and subordinate statutes to records of photographs taken by police officers dispatched to the site and parts damaged by victims C, records of 112 reported cases, records of handling cases, and photographs of the damaged parts of victims C in the course of investigation;

1. Article 258-2 (1) of the Criminal Act and Article 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. In the case of special injury on the grounds of sentencing under Article 62(1) of the Criminal Act, the sentencing criteria are not set;

The crime of this case is a case where the defendant inflicted an injury on the victim with dangerous articles, the nature of the crime is not good, the degree of the injury of the victim is not weak, the criminal records of punishment has been applied for the same kind of crime, and the fact that the defendant recognized the crime of this case and agreed with the victim, etc.