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(영문) 수원지방법원 2021.02.17 2020고단7759
특수상해
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 1, 2020, the Defendant, at a 'C' restaurant located in Yeongdeungpo-gu, Suwon-si, Suwon-si, Suwon-si, 21:00, performed 'C' as well as 'C', the victim D (the victim South and North 37 years old) and drinking, and the victim talked about her home problem, and caused an injury to the victim, such as an open wound, which requires approximately two weeks of treatment for the victim's head.

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

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of D;

1. A written diagnosis of injury;

1. On-site photographs;

1. Application of Acts and subordinate statutes to investigation reports ( telephone conversations for witnesses);

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

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Although the crime is not deemed to have been committed in light of the reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution (hereinafter referred to as the following sentencing grounds), considering the following factors: (a) considering the favorable circumstances in which the Defendant recognized the instant crime; (b) considering the victim’s expressed his intention not to punish the Defendant at an investigative agency; and (c) in addition, taking into account the criminal punishment records of the Defendant, Defendant’s age, sexual conduct, attitudes, attitudes, circumstances and motive leading to the Defendant; (d) the means and consequence of the instant crime; and (e) the circumstances after the commission of the crime, etc., the sentence shall

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