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(영문) 수원지방법원 평택지원 2016.07.13 2016고단776

특수상해

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On April 7, 2016, at the main station located in Pyeongtaek-si C around 19:20 on April 7, 2016, the Defendant: (a) while drinking with the victim D (69) and alcohol, the victim made his remarks, and (b) on the ground that the refusal to hear the statement, the Defendant saw the victim as the main station, which is a dangerous object on the table, and tried to report the urine outside the main station, and left the head of the victim as the main station.

As a result, the Defendant carried dangerous things with the victim and inflicted an injury upon the victim, such as an open wound, which is necessary for treatment for about seven days.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to victims D;

1. A written diagnosis of injury;

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. Reasons for sentencing under Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Determination of types: Special injury (type 1);

1. Persons subject to special sentencing: None of them;

1. Scope of recommended punishment: Imprisonment for two to four years;

1. A suspended sentence: Unlawful - None of efforts to recover from damage;

1. Determination on the application of the sentencing criteria: Imprisonment with prison labor for 6 months: Sentence of a punishment below the minimum limit of the recommended sentence shall be imposed, considering the circumstances as seen earlier and the motive and circumstances leading to the crime, the circumstances after the crime, the records of the crime, and other circumstances, such as the age, sexual conduct, intelligence, environment, etc. of the accused, the extent of damage is not severe, and the accused has no record of punishment heavier than the suspension of execution;

It is so decided as per Disposition for the above reasons.