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(영문) 수원지방법원 안양지원 2021.01.13 2020고단2026

특수상해

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 29, 2020, the Defendant: (a) listened to the drinking house in which the Defendant, located in Syang-si B, Annyang-si, Annyang-si, whose employees had been aware of, and worked for, an employee, for the victim C ( South Korea, 47 years of age) and the victim’s desire for the above employee; (b) cut the beer’s disease on the table to the table; and (c) broken the beer’s disease on the table; and (d) cut the part to the beer’s left back which is a dangerous object, and carried out two weeks of treatment for the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Two copies of the medical certificate of injury;

1. Application of the Acts and subordinate statutes concerning violence and field photographs;

1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;

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

1. On the grounds of sentencing under Article 62(1) of the Criminal Act, the sentence is to be determined as ordered by comprehensively taking account of all the conditions of sentencing as shown in the arguments in the instant case, including the following circumstances and Defendant’s age, sexual conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime.

The circumstances at a disadvantage: The fact that there is a heavy risk of crime in light of the criminal tool, method, damage level, etc., the injury suffered by the victim is not less than that of the victim, the fact that there is a record of punishment of a fine due to the same kind of violent crime: The fact that there is no record of any particular criminal punishment after around 2005, and that there is a full agreement with the victim at the investigation stage.