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(영문) 수원지방법원 2017.10.19 2017고단4700

특수상해

Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

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

Reasons

Punishment of the crime

On June 25, 2017, the Defendant was exposed to the right edge of the victim, on the ground that the victim E (62 tax) was in the D branch state located in Suwon-si, Suwon-si, Suwon-si, and then the Defendant was exposed to the right edge of the victim, on the ground of a brick (20cm in length, about 8cm in length) that is a dangerous object in the road where the head was hump and continuous bathing was hump and the desire was defective.

As a result, the Defendant carried dangerous things with the victim and inflicted an injury on the sacriffy and the sacriffy to the victim for about six weeks of medical treatment.

Summary of Evidence

1. Application of Acts and subordinate statutes to the police statement report and injury diagnosis report to the defendant's legal statement E;

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. Article 62 (1) of the Criminal Act on the suspension of execution (resumed grounds for reduction of amount);

1. Reasons for sentencing under Article 62-2 of the Criminal Act for the observation of protection and observation - Circumstances unfavorable to the defendant: The nature of a crime as an act of violence using a dangerous object is not minor. A criminal record who was punished due to violent crime (a crime of violating the Punishment of Violences, etc. Act, a crime of obstructing the performance of official duties, a crime of inflicting bodily injury, and a crime of obstructing duties) is nameed 16 times. - A normal condition favorable to the defendant: a victim is also liable for any contingent crime; a victim is not subject to punishment; a mistake is recognized and his depth reflects. - Comprehensively, the sentencing conditions prescribed in Article 5