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(영문) 수원지방법원 여주지원 2016.08.12 2016고단599

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

On May 26, 2016, at around 18:40, the Defendant, while drinking alcohol at the street store operated by the Victim C (Y, 47 years of age) who was next to the Defendant, made a dispute with a name-free person, while drinking alcohol, and the Defendant purchased the transition (13 cm in length) which is dangerous goods in the Mat in the vicinity, and said, the Defendant called “Wingk kn, knick, knb” to return to the street store and called “Wingk knb.,”

Accordingly, the victim gets the arms of the defendant, and the defendant obtains the above excessive excess while spreading the arms of the victim, and has reached the hand of the victim with the above excessive excess.

As a result, the defendant carried excessive goods, which are dangerous goods, brought about about about about two weeks to the right side in need of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Seizure records;

1. A photograph of damaged parts and knife;

1. Application of Acts and subordinate statutes of a medical certificate;

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 following extenuating circumstances shall be considered for the reasons for sentencing):

1. Article 62 (1) of the Criminal Act on the stay of execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. The reasons for sentencing under Article 48(1)1 of the Confiscation Criminal Act include the following: (a) the Defendant, after a dispute has occurred, has occurred; (b) the Defendant purchased a knife with the victim's knife and again sought to threaten the other party of the dispute; and (c) the Defendant committed an offense; (d) the Defendant was aware of and against his/her own crime; (c) the Defendant agreed with the victim; (d) the Defendant has no record of being punished for the same crime; and (e) other favorable circumstances, such as the Defendant's age, family environment, motive, means and consequence of the crime; and (e) the circumstances after the crime, etc. are considered.