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(영문) 수원지방법원 여주지원 2016.12.13 2016고단1221

특수상해

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, 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

around 21:30 on September 30, 2016, the Defendant’s “Cju shop” located in Ischeon-si B refers to a dispute arising in the course of talking with the victim D (the 35 years of age) and drinking.

A. B. B. L. B. L. B. L. H. H., the dangerous goods on the table was put in the head of the victim, and the victim was faced with a string of the shoulder glass view, and the victim was faced with an injury, such as the “forth, open room on the left part,” which requires treatment for about 21 days.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Shot photographs of the scene and on the victim;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

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

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (i.e., circumstances favorable to the following reasons for sentencing):

1. Article 62 (1) of the Criminal Act (recognition of the favorable circumstances among the reasons for sentencing following the suspended sentence);

1. It is so decided as per Disposition by taking into account the following circumstances: (a) the degree of injury to the victim is not easy in light of the victim’s photograph and the statement of injury diagnosis, etc. taken by the victim immediately after the occurrence of the reason for sentencing under Article 62-2 of the Social Service Order Criminal Act and Article 59 of the Probation, etc. Act; (b) the defendant, despite of the fact that there is no record of having been punished for the same kind of crime in the past, etc.; and (c) the defendant’s age, family environment, existing relationship with the victim, past records of the crime, motive, means and consequence of the crime; and (d) other favorable circumstances, such as the defendant’s age, family environment, past relationship with the victim; (d)