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(영문) 수원지방법원 안산지원 2018.12.20 2018고단2769
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 September 23, 2017, at around 23:40 on September 23, 2017, the Defendant took a dispute with the victim D D's behavior and music application at around 23:40, Namdong-gu B, Incheon, and 1st underground level, and was assaulted once by the victim E, who was the victim's behavior, and was sexually committed one time. B, the Defendant was able to talk with E, and the victim was faced with the victim's head about 21 days, and was faced with the victim's desire to take care of about 21 days.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against 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 to mitigate small amount;

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

1. Based on the reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act, the sentence shall be determined by comprehensively taking into account all the circumstances shown in the record including the circumstances below the following

The favorable circumstances: The act of gathering the beer brushes in favor of the victim, which may cause a serious damage to the brushes, as it was very dangerous for the victim to have the beer brushes in favor of him/her.

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