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(영문) 수원지방법원 성남지원 2018.10.17 2018고단575

특수상해

Text

Defendant

A shall be punished by imprisonment with prison labor for six months, by a fine of two million won.

Defendant

B The above fine shall not be paid.

Reasons

Punishment of the crime

1. On November 19, 2017, Defendant A, on the ground that the Victim B (V, 20 years old) was replaced by the Defendant in Seongbuk-gu, Sungnam-gu, Sungnam-si, Seoul, on the ground that he was replaced by the Defendant, Defendant A was in a trial room, and the Defendant was able to inflict an injury on the Defendant, such as an open wound, which requires treatment for about 29 days, by putting the head debt of the victim on her hand, and scking the Defendant’s head debt on her hand, and scking the Defendant’s head, which was a dangerous object on the table.

2. Defendant B, at the date, time, at the place, as described in paragraph 1, suffered from the victim A (n, 18 years of age) and the trial expense as described in paragraph 1, and suffered from injury to the victim, by putting the victim’s head head debt on hand, thereby causing approximately 21 days of treatment.

Summary of Evidence

1. Defendant A’s legal statement

1. The defendant B's partial statement

1. The protocol concerning the interrogation of each police suspect against the Defendants

1. E statements;

1. Each injury diagnosis letter;

1. Application of Acts and subordinate statutes to the relevant photograph of the case;

1. Article 258-2 of the Criminal Act - Defendant A: Articles 258-2(1) and 257(1) of the Criminal Act - Defendant B: Article 257(1) of the Criminal Act; selection of fines

1. Articles 53 and 55(1)3 of the Criminal Act (with respect to Defendant A) of the mitigated amount;

1. Article 70(1) and Article 69(2) (Defendant B) of the Criminal Act (Article 70(1) and Article 69(2) of the Criminal Act (Defendant B);

1. The reason for sentencing under Article 334(1)(2) of the Criminal Procedure Act (hereinafter “Criminal Procedure Act”) is that Defendant A is the primary offender, and that he is against the law.

However, in light of the form of violence that causes injuries to the victim's face without chest, it is inevitable to severely punish the victim, taking into account the following: (a) the nature of the crime is inferior; (b) the degree of injury is serious; and (c) the victim did not receive a letter of suspicion; and (d) the victim did not make any effort to do so.

In addition, records, such as the defendant's age, occupation, sex, family relationship, living environment, circumstances leading to the crime and circumstances after the crime, etc.