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(영문) 수원지방법원 안산지원 2019.07.19 2019고단1282

특수상해

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On December 2, 2018, at around 21:30, the Defendant, at the Gwanak-gu in Seoul Special Metropolitan City, and “C” Baran Do, on the first floor, did not abide by the order of singing reservation, and was assaulted by the Defendant from the victim D (70 years of age) of the defective defect intending to sing in the stage, and caused the Defendant to inflict an injury on the victim, such as two dives, requiring two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each police suspect interrogation protocol of D or E;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to a report on investigation, telephone conversations, investigation report (verification of the period of diagnosis of injury of suspect D) and investigation report (the period of examination of injury

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. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act: The defendant's age, character and behavior, environment, motive and background of the crime, means and consequence of the crime, etc., as well as various sentencing conditions in the process of trial and records, such as the records of this case, shall be determined by taking into account the following factors: the method of crime, the victim's injury, the nature of the crime is not good in light of the victim's injury, and the record of violent crime four times; the victim's consent is recognized and reflected; the victim's agreement is reached; and the defendant's age, character and behavior, environment, motive and circumstance of the crime; the means