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(영문) 수원지방법원 여주지원 2019.10.01 2019고단843
특수상해
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 22:00 on July 17, 2019, the Defendant: (a) expressed the Victim’s left face to the Victim on the ground that the Defendant, while under the influence of alcohol, took a desire to other customers; and (b) expressed that the Victim D(55 years of age) would be melting it, and (c) expressed the Victim D(140cm in length) at one time, which is a dangerous object in that location.

As a result, the defendant carried dangerous things with the victim and inflicted an injury on the victim, such as snow boom and open wound in the area of snow booming for about three weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D;

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

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

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. 4 months to 1 year from the scope of the recommendation (not subject to punishment);

2. Considering the unfavorable circumstances, such as the risk of the decision of sentencing, the form of the act, the fact that the instant crime was committed by interesting at the minor speech, and the fact that several times of punishment for the same kind of crime, it shall be considered in favor of the victim, and the fact that the victim has agreed with the victim, etc. shall be considered as favorable circumstances.

In this regard, all the sentencing conditions under Article 51 of the Criminal Act, such as the defendant's age, character, behavior and environment, are determined as above.

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