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(영문) 수원지방법원 2018.04.10 2017고단8622

특수상해

Text

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

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

Reasons

Punishment of the crime

At around 01:10 on November 17, 2017, the Defendant: (a) while drinking and drinking the Victim E (46 years) and drinking at “D cafeteria” located in Suwon-gu, Suwon-si; (b) neglected the Defendant that the victimized person was unable to perform the field work, and (c) neglected the Defendant, the Defendant inflicted an injury on the victim by gathering the State, a dangerous object on the table, and putting about six times the head of the victim at around 00, 2017, putting the victim’s head at around 0 times, and putting the victim’s head at a fee, and making the victim escape, and making the victim escape.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of statutes on the photograph of the case

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 consideration of favorable circumstances among the grounds for sentencing);

1. On the grounds of the suspended sentence under Article 62(1) of the Criminal Act, the sentencing conditions specified in the trial process of the instant case, including the Defendant’s age, sex, family, family relationship, home environment, motive and means of the crime, and circumstances after the crime, shall be determined as set forth in the text.

The favorable circumstances: The agreement with the victim, and the situation that there is no record of punishment in Korea is unfavorable: The high risk of the crime of this case by assaulting with dangerous objects, and the degree of assault by the defendant and the degree of injury by the victim are somewhat minor.

It is difficult to see