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(영문) 수원지방법원 성남지원 2017.11.23 2017고단2355
특수상해등
Text

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

However, the execution of the above punishment 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 23, 2017, the Defendant, in combination with the victim E (22 years of age) in the area D located in Sung-gu, Sung-nam-si, Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si, J., 2017, took a dispute with one another due to an unforeseen cause while drinking together with the victim E (22 years of age), and the Defendant d's back head of the victim, which is a dangerous thing, was flicked for approximately six weeks of treatment to the victim.

2. A special intimidation: (a) at the same time and place as mentioned in the preceding paragraph, the Defendant confirmed that the victim F (21) of E, who was the victim of E, who observed the above E, was inside the place where the victim was frighter for the said reason; (b) sought food blades ( approximately 30 cm in total length, approximately 20 cm in length), which is a dangerous object located in the restaurant, and attempted to keep the victim from the victim; and (c) threatened the victim by threatening the victim, including where the victim was frighted by the victim to take out of the restaurant.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and E;

1. Statement of reference person;

1. A written diagnosis of injury;

1. Application of statutes on site photographs;

1. Relevant legal provisions of the Criminal Act, Articles 258-2 (1), 257 (1) (a point of special injury) of the Criminal Act, Articles 284 and 283 (1) (a point of special intimidation and choice of imprisonment) of the Criminal Act concerning the crime;

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

1. Article 62 (1) of the Criminal Act (i.e., reflectiveness and absence of criminal records exceeding the fine, etc.);

1. The community service order under Article 62-2 of the Criminal Act;

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