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(영문) 수원지방법원 2020.12.15 2020고단6858
특수상해
Text

A defendant shall be punished by imprisonment for not more than ten months.

except that 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 September 18, 2020, the Defendant: (a) on September 23, 2020, around 09, on the table table attached to the entrance door of the first floor of the building B of Suwon-si, the Defendant: (b) took a bath that the breath under the influence of alcohol “Chewing” was “Chewing” while drinking alcohol; (c) collected the fluor of steel materials dangerous to the Defendant’s side; and (d) laid down the victim’s left head one time on the left side and put the victim two parts of the number of days of treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement to C by the police;

1. Photographs of the body part of the victim;

1. The application of Acts and subordinate statutes to video CDs (it is obvious that the defendant, who claimed that he was at the time when he was not the steel copier, but the wire copier, but the defendant was harming the victim by gathering the steel copier in light of the above CCTV images);

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 for discretionary mitigation;

1. The crime of this case on the grounds of sentencing under Article 62(1) of the Criminal Act is not likely to be dangerous in light of the means and methods of the act as to the act of causing bodily injury to the victim as a person who is a dangerous object, in light of the victim’s head.

However, the punishment shall be determined as ordered in consideration of the fact that the defendant is against mistake, that the victim does not want the punishment of the defendant, and the age, character and conduct, environment, circumstances of the crime, circumstances after the crime, etc. of the defendant, and all of the sentencing conditions specified in the arguments in this case, such as the circumstances after the crime.

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