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(영문) 수원지방법원 2018.06.14 2018고단1521
특수상해
Text

A defendant shall be punished by imprisonment for one year.

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

On August 14, 2017, at around 03:30 on 03:30, the Defendant heard the Defendant’s words that he would talk only from the victim E (25:3) who performed drinking with the Defendant, and then, the Defendant saw the knife of the length, which is a dangerous object, on the part of the damaged party’s ship and the part above the 14-day medical treatment for approximately 14 days to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A report on investigation;

1. A written diagnosis of injury;

1. Application of the Acts and subordinate statutes on CCTV CDs installed in the on-site CCTV closure screen, CCTV closure photograph, and convenience store;

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

1. Circumstances unfavorable to the defendant for sentencing under Article 62(1) of the Suspension of Execution Act (the following conditions favorable to the defendant among the reasons for sentencing): The crime committed by using a knife, which is a dangerous object, with the injury of the victim on the part of the victim, shall not be punishable. The circumstances favorable to the defendant: The degree of the injury suffered by the victim is not excessive. The victim does not want to be punished by the defendant upon agreement with the victim. Recognizing that there is no history of punishment in the Republic of Korea, the sentencing conditions under Article 51 of the Criminal Act are combined.

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