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(영문) 수원지방법원 안산지원 2016.04.22 2016고단389
특수상해
Text

A defendant shall be punished by imprisonment for six 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

On July 13, 2015, the Defendant: (a) around 22:30 on July 13, 2015, while drinking alcohol together with daily behaviors, including pro-Japanese D, in the “C,” which were located in Silung-si B; (b) two women, one of them, fested in the table of the Victim E (58 3, South 5-6 of the Defendant, who fested to drink the alcohol by combining it with the table of the Victim E (hereinafter “C”); and (c) whether the victim and the Defendant were “hick” to D and D.

The victim and D set up a vision as referred to in paragraph (1) of this Article.

As a result, the Defendant collected the victim's 14 days of medical treatment, which is a dangerous article on the table table, from the victim's 14 days of medical treatment. The Defendant collected the victim's 30 centimeters of medical treatment (the length of 30cm). The Defendant was placed in two open medical treatment, which requires medical treatment for about 14 days of medical treatment.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and F;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

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

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act of the community service order is that the crime of this case is heavy and dangerous.

Provided, That this shall not apply to the injury of the victim and the degree of injury of the victim.

The defendant's mistake is recognized and reflected.

In addition, the punishment as ordered shall be determined in consideration of the conditions of sentencing, such as the defendant's age, sex, environment, background leading to the crime, means and methods of the crime, results, and the circumstances after the crime.

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