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(영문) 수원지방법원 성남지원 2017.12.13 2017고단2742

특수상해등

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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 22, 2017, at around 01:30, the Defendant demanded “D” entertainment week operated by the victim C in Gwangju-si, Gwangju-si, to play together with the victim E (44 years old) who is the latter E, the Defendant provided that “The only female contact loan cost is changed free of charge” to C, but the Defendant provided a bath to B.

As the Defendant was removed from E, he saw the face of E three times by a sudden drinking, and continued to be accompanied by a person who was a substitute in the room 3 of a "D" entertainment drinking point, to the end.

In that sense, C saw the Defendant out of the “D” entertainment main place, and the Defendant saw the Defendant as “F” entertainment main place operated by the Defendant in the vicinity, the Defendant saw the pipe (70cm in length, 20cm in diameter, 836g in weight) which is a dangerous object that he had been kept in the vicinity of the “F” entertainment main place operated by the Defendant.

이로써 피고인은 피해자 E에게 약 21일 간의 치료를 요하는 우측 슬관절 혈관 절 증 등의 상해 및 약 14일 간의 치료를 요하는 좌측 귓바퀴의 열린 상처 등의 상해를 가하고, 피해자 C 소유인 시가 60만 원 상당의 대리석 탁자를 손괴하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspects of E;

1. Statement made by the police against C;

1. 쇠 pipe photographs;

1. Ethical photo;

1. The photographs that cause damage to the table of D amusement establishments;

1. A medical certificate of injury (E);

1. Application of CCTV-related Acts and subordinate statutes to Chapter 2;

1. Relevant legal provisions concerning facts constituting an offense, Articles 258-2 (1) and 257 of the Criminal Act that choose a penalty, and Article 366 of the Criminal Act (the point of destroying property and the choice of imprisonment);

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Taking into account the agreement with the victim E) of the mitigated amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The first crime (defluence) of the reason for sentencing under Article 62-2 of the Criminal Act of the community service order shall be the general injury.