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(영문) 수원지방법원 2017.12.14 2017고단5510
특수상해등
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 becomes final and conclusive.

Reasons

Punishment of the crime

1. On July 25, 2017, the injured Defendant suffered injury, etc. on the ground that the Defendant, at a singing room located in the substitute of Osan City on July 25, 2017, told the victim B (34 years of age) who is a workplace volunteer, of disregarding the Defendant’s behavior, and caused the victim’s face to be stuffed by head, thereby cutting off the victim’s face, thereby cutting off the victim’s bones into the victim’s bones, and cutting off the victim’s bones with the bones of the victim’s bones.

2. On July 25, 2017, around 22:40, the Defendant: (a) sustained the victim E (31 years of age) in the flapt adjacent to the DNA Mat in Osan-si, Osan-si; (b) caused the victim’s injury to the victim in one time due to the fact that the victim E (31 years of age) was a dangerous object of the Defendant’s attempt to commit an act under the preceding paragraph.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for B and E;

1. A written statement of F and G;

1. A report on investigation;

1. Each investigation report (to hear statements from victims E, to confirm the volume of injury, and the number of days of treatment);

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

1. Relevant legal provisions of the Criminal Act and Article 257(1) of the Criminal Act (the point of injury, the choice of imprisonment, and the choice of punishment) concerning the facts constituting an offense, and Articles 258-2(1) and 257(1) of the Criminal Act (the point of special injury);

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

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 in favor of the defendant among the grounds for sentencing);

1. Reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution - Circumstances unfavorable to the defendant: (i) the reason for sentencing under Article 62(1) of the Criminal Act - Circumstances that are unfavorable to the defendant; and (ii) the nature of the offense in light of the risk and violence revealed by the method of the offense; (iii) the circumstances favorable to the defendant: contingent crimes; (iv) the victims are not subject to punishment; (v) the victims are admitted to be wrong; and (v) there is no history

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