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(영문) 수원지방법원 2017.10.19 2017고단4191

특수상해

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above sentence 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 24, 2017, at a restaurant located in Suwon-si, Suwon-si, Suwon-si, the Defendant heard half of the victim D (46 years of age), who is a volunteer who works for daily work, while drinking alcohol together with the victim D (46 years of age), and caused the victim's face and breast part by drinking alcohol, and added the chair, which is a dangerous object in the restaurant, to the end of the victim's neck.

As a result, the Defendant inflicted bodily injury on the victim, such as dump, tension, etc. of the bones of trees requiring medical treatment for about two weeks.

Summary of Evidence

1. Report on the investigation into the suspect interrogation protocol (on-site search and ctv investigation) of the defendant's legal statement D, and arrest report on the occurrence of the case;

1. Application of the Act and subordinate statutes to injury diagnosis certificates;

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

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances in favor of the defendant among the grounds for sentencing);

1. Reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution - The circumstances unfavorable to the defendant are heavy in light of the implements of the crime, risk of methods, and violence. - The circumstances favorable to the defendant: contingent crimes; minor injuries are not punishable; no criminal record exists; erroneous recognition and reflection; - The general elements for sentencing prescribed in Article 51 of the Criminal Act are as follows: