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(영문) 수원지방법원 여주지원 2019.09.17 2019고단810

특수상해등

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On July 25, 2019, the Defendant was sentenced to one year of suspension of the execution of imprisonment with prison labor for five months for the crime of injury, etc., and the judgment became final and conclusive on August 2, 2019.

1. Around 01:03 on March 16, 2019, the Defendant: (a) was in front of a convenience store located in Singju City B; (b) was left in front of the victim D (the victim’s age of 18) and was playing by the victim D due to the rejected days, and (c) was able to collect two empty bottles, which are dangerous articles in Winginginging to the collection and lodging of Wing-to-be disease, as both hand, and was caused by a small-beer who was cited in Wing-to-be hand by the victim’s head at one time.

Accordingly, the defendant carried dangerous objects and assaulted the victim D.

2. In order to prevent the Defendant from exercising violence against D and his/her subordinates at the time, place, as described in paragraph 1, at the time and place, the Defendant was under the center of the victim E’s left-hand eye, i.e., a shoulder glass bottle, which is a dangerous object cited in his/her hand during the victim E and his/her body fighting.

Accordingly, the defendant carried dangerous objects and put the victim E under the left side of the treatment days to the victim E.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of E and D;

1. The photographs of each damaged part (Evidence Nos 11, 12);

1. Police suspect interrogation protocol regarding E;

1. Investigation report (the cause and degree of injury to E);

1. Copies of diagnosis and treatment (E);

1. Each judgment;

1. Application of Acts and subordinate statutes as a result of inquiry;

1. Articles 261, 260 (1) (Special Violence and Selection of Imprisonment) and 258-2 (1) and 257 (1) of the Criminal Act concerning facts constituting an offense;

1. The latter part of Article 37 of the Criminal Act and the main sentence of Article 39 (1) of the Criminal Act;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act. Article 50 (Aggravation of Punishment for Special Bodily Injury)

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The sentencing of Article 62(1) of the Criminal Code Article 62(1) is the risk of the attitude of the act against the victim E and the ultimate case.