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(영문) 수원지방법원 성남지원 2019.11.27 2019고단2587
특수상해
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On September 23, 2019, the Defendant, at around 19:10 on September 23, 2019, brought a dispute over a passenger car driven by the victim C (the age of 53) in front of Seongbuk-gu, Seongbuk-gu, Sungnam-si, on the ground that the car driven by the victim C (the age of 53) is driving along a one-way passage, and laid down a stone, which is a dangerous object located on the roadside, and caused the victim's head one time, causing an injury to the victim, such as brain, which is an open one in need of approximately 3 weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A written diagnosis of injury;

1. A photograph by cutting a CCTV image;

1. Application of the Acts and subordinate statutes for investigation reporting;

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

1. The crime of this case on the grounds of sentencing under Article 62(1) of the Criminal Act is not good to commit the crime of this case on the grounds of suspended execution, since the defendant's act of causing bodily injury by gathering the victim's head in the middle of dispute.

However, the defendant is against the defendant, and the victim does not want to punish the defendant in consultation with the victim.

The criminal records of violence of defendants also have no previous convictions other than fines of 1991.

In addition, the punishment as ordered shall be determined in consideration of the age, character, conduct and environment of the defendant, motive, means and result of the crime, the circumstances after the crime was committed, etc.

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