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(영문) 수원지방법원 2020.06.18 2020고단1827

특수상해

Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

At around 10:52 on February 23, 2020, the Defendant: (a) was in dispute with the victim D (year 56, 00) due to the marction problems in the area B and C Park room in Suwon-si, Suwon-si; (b) discovered the victim; (c) laid the victim's body over the next floor; (d) laid the victim's body over the next floor; and (e) laid the victim's face over several times by drinking up the victim's body; and (e) caused the victim's injury, such as the heat, inside, and outside, the inner area, and the surrounding area, etc., of the dangerous metal materials, by taking advantage of the coffee of the dangerous metal materials.

Summary of Evidence

1. Defendant's legal statement;

1. The application of Acts and subordinate statutes of a report on internal investigation (e.g., details of occurrence), - The Investigative Team and photographic photo, etc. of the scene of the injury, report on internal investigation (victim D telephone conversations), investigation report (Attachment of relative to the victim, - photographs of the damaged part, - the photograph of the damaged part, and photographs of the scene

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. The crime of this case on the grounds of sentencing under Article 62-2 of the Social Service Order Criminal Act is not against the nature of the crime of inflicting bodily injury on the victim by carrying dangerous articles on the grounds that the defendant was in danger. However, the victim is not punished against the defendant. In addition, considering the defendant's age, character and behavior, family environment, motive and circumstance of the crime, and circumstances after the crime, all of the sentencing conditions specified in the arguments, such as the defendant's age, character and behavior, family environment, crime, etc