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(영문) 수원지방법원 안양지원 2016.02.18 2015고단1497

특수상해

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

피고인은 2015. 9. 26. 12:00 경 군포시 C에 있는 D 312호에서 피해자 E(46 세) 등 지인들과 술을 마시던 중, 피해자와 말다툼을 하다가 그곳에 있던 빈 소주병으로 피해자의 이마를 내리치고 발로 피해자의 복부를 찼다.

Accordingly, the defendant carried dangerous objects with the victim and carried them the victim's interest in the number of days of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A victim's photograph;

1. Application of Acts and subordinate statutes to a report on investigation (not submitting 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 among the reasons for sentencing)

1. The reason for sentencing under Article 62(1) of the Act on the Suspension of Execution ( considered as a favorable one among the reasons for sentencing) is that the Defendant, as a major disease, which is a dangerous object, has broken the victim’s hair, and caused the victim’s bcc tear to the end, and the crime is not less complicated.

This can not be sentenced to imprisonment with labor unless it constitutes a special injury under the Criminal Code.

However, since the defendant entered the Republic of Korea around June 20, 2014, there is no record of criminal punishment, it appears to be a contingent crime, and the defendant did not occupy the victim due to the birth of the defendant.

One of the most favorable circumstances is to recognize the fact that the injury was inflicted on the victim due to illness, the fact that the victim expressed his intention not to punish the defendant in the police investigation, and the defendant appears to support his family in China, but the defendant shows that the mistake is divided by submitting a rebuttal, etc.

This is based on the two sentences of the same kind of case with the prosecutor's former sentence (two years of suspended sentence) and the prosecutor's sentence (three years of suspended sentence), and various circumstances that form the conditions for sentencing specified in the arguments and records of this case.