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(영문) 수원지방법원 안산지원 2020.01.09 2019고단4274

특수상해

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

Around 04:00 on November 1, 2019, the Defendant: (a) at the Silung City B; (b) at “C”, the Defendant took a dispute between the victim’s prone arrest D (Nam, 26 years of age) and another person; (c) the interestd victim was faced with the face of plastic water disease he/she had faced; (d) the Defendant got about the victim’s face; and (e) the Defendant got about the dangerous glass cup, which is a dangerous object, and (e) took approximately one week medical treatment for the victim.

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Each simple statement;

1. Application of an injury diagnosis certificate, on-site photographing statute;

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Article 62 (1) of the Criminal Act;

1. The punishment as ordered shall be determined in consideration of all the conditions of sentencing, such as the Defendant’s age, character and conduct, environment, and circumstances leading to the crime, etc., including the fact that an injury was inflicted by using dangerous objects with reason of sentencing under Article 62-2 of the Social Service Order Criminal Act, the fact that it appears to be a contingent crime that occurred at the time of flight, the fact that the victim has agreed with the victim, the circumstances leading