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(영문) 수원지방법원 안산지원 2017.05.12 2017고단117

특수상해

Text

A defendant shall be punished by imprisonment for six 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

The defendant resides in Dong Dong Dong Dongdong, such as the victim C(47 tax) and was aware of about 10 years prior to 10 years.

Around 00:45 on January 5, 2016, the Defendant expressed, without any reason, the victim’s desire to “E party room” in the “E party room” located in Ansan-gu, Sinsan-si, Sinsan-si, which had been under the influence of alcohol with the victim, and without any reason, caused the victim’s injury to the victim by putting the part of the victim’s left left upper part of the number of days of treatment, by putting the burg’s disease on the floor where he had been placed on the table, and destroying the part of the burg, which is a dangerous thing, by cutting the burg’s disease.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A written statement;

1. Application of statutes on the photograph of the case

1. Article 258-2 of the Criminal Act applicable to the facts constituting an offense and Articles 258-2 and 257 (1) of the Criminal Act that choose a penalty;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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

1. The community service order under Article 62-2 of the Criminal Act;

1. The crime of this case on the grounds of sentencing under Article 32(1)3 and Article 25(3)3 of the Act on Special Cases concerning the Promotion, etc. of Lawsuits to Dismiss Application for Compensation is deemed to inflict an injury on a victim by using dangerous articles as stated in its reasoning, and the nature of the crime is not light of the means and contents of the act.

However, the punishment as ordered shall be determined by comprehensively taking into account the following factors: the defendant recognized the crime and reflects the fact that there is no record of criminal punishment exceeding the fine prior to, rather than that of the defendant, the fact that the defendant seems to have been seriously under the influence of alcohol, the fact that the victim and the victim have been smoothly agreed, the defendant's age, sex, environment, circumstances of the crime, degree of damage, circumstances after the crime, etc. and the sentencing conditions as shown in the trial process.