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수원지방법원 성남지원 2016.12.21 2016고단2018

특수상해

Text

A defendant shall be punished by imprisonment for six months.

except that 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 June 26, 2016, at around 08:10, the Defendant left the victim’s face on the street in front of the community service center located in 35-lane 51, Seongbuk-gu, Seongbuk-gu, Sungnam-si, on the ground that the victim C (the age of 54) who drinked the same alcohol had taken half of the Defendant’s face from the Defendant, making the victim c(the age of 54) to take off the victim’s head once.

As a result, the defendant carried dangerous articles and put the victim into a medical room for treatment days.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding C;

1. Application of on-site photographs and statutes governing damage photographs;

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. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., the fact that the victim does not want the punishment of the defendant by agreement with the victim, and that it is a crime against violence