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(영문) 수원지방법원 여주지원 2018.01.26 2017고단1521
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 24, 2017, the Defendant: (a) around 01:20, around 01:20, when the Victim C (44) was to pay a trial expense to the Defendant; (b) accordingly, the Defendant saw the victim’s face via drinking, and saw the victim’s head and shoulder at one time with the hon, which is a dangerous object (1m in length). In each case, the Defendant saw the victim’s head and shoulder as one of the hons (1m in length), two weeks of treatment between approximately two weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspect C by the police;

1. A medical certificate;

1. A damaged photograph;

1. Application of Acts and subordinate statutes to a written agreement;

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. The following facts are considered: (a) there was two times of punishment for the same kind of crime for the reason of sentencing under Article 62(1) of the suspended sentence under the Criminal Act; (b) there was no punishment for the same kind of crime after around 2000; (c) there was no possibility of being punished for the same crime after around 200; (d) there appears to have been a contingent crime by misunderstanding; and (e) there was an agreement with the victim that the victim does not want the punishment of the defendant.

In this context, the sentencing conditions of Article 51 of the Criminal Act, such as the defendant's age, sex, environment, etc., are comprehensively considered and decided as ordered.

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