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(영문) 수원지방법원 여주지원 2018.04.10 2018고단250

특수상해

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

At around 21:50 on December 27, 2017, the Defendant collected the main disease, which is a dangerous object on the table, and caused the injury to the victim, such as two scams that require treatment for about 14 days, by gathering the main part of the victim’s head, while he/she had a verbal dispute with the victim D (58C) at the “C” restaurant located in Ischeon-si B.

Summary of Evidence

1. Statement by the defendant in court;

1. Shot photographs of the damaged scene and on the damaged part;

1. A protocol concerning the examination of suspects of D;

1. Application of Acts and subordinate statutes to report on investigation (Submission of photograph of suspect DNA injury diagnosis report);

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 to mitigate small amount;

1. Article 62(1) of the Act on the Suspension of Execution takes into account extenuating circumstances into account: (a) the risk of the motive of the instant act for sentencing under Article 62(1) of the Criminal Act; (b) the perception and reflection of the situation; (c) the victim and old-friendly relationship; and (d) the occurrence of any contingency in the event of the instant crime, which led to the instant crime.

In this regard, all the sentencing conditions of Article 51 of the Criminal Act, such as the defendant's age, sex, environment, family, support relationship, etc., are considered as the disposition.