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(영문) 수원지방법원 안산지원 2019.09.05 2019고단2535

특수상해

Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

At around 23:20 on June 20, 2019, the Defendant: (a) divided the victim D(34 years of age) who worked at the site of the head of the on-site safety team, and the victim made a false statement related to his/her qualification. (b) 500c c beer defris, the head of the victim was 50c bed back, and the victim suffered bodily injury, such as an open wound, which requires two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of the proviso to the margin of injury attached to a photograph, report on internal investigation (Submission of a medical certificate for injury and change of the name of the crime) attached to the report of internal investigation;

1. Article 258-2 (1) of the Criminal Act, Article 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. On the grounds of the suspended sentence under Article 62(1) of the Criminal Act, the sentencing conditions indicated in the records, such as the following circumstances and the defendant’s age, environment, motive, means and consequence of the crime, etc., shall be determined as set forth in the text.

The crime of this case was committed in an unfavorable manner: The defendant 500cc beer mack, which is a dangerous thing while drinking with the victim, and inflicted an injury on the victim, such as an open wound, etc.; in light of the details and contents of the crime, etc., it is not good that the crime is committed; the defendant has the record of punishment for the same kind of crime: The defendant recognized the crime; the defendant does not want the punishment for the defendant; the victim does not want the punishment for the defendant; and there is no record of the crime exceeding the fine.