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(영문) 수원지방법원 성남지원 2016.05.12 2016고단172
특수상해등
Text

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

1. On October 18, 2015, the Defendant assaulted the victim’s 'E' at around 00:30 on the main point of "E located in Seongbuk-gu, Sungnam-gu, Sungnam-gu, with its employees and credit rating issues, on the ground that the victim F who was a customer with the above main point was replaced by the victim F, who was a customer, on the part of the victim, who was sexually injured by his hand, in excess of the victim’s neck.

2. Special injury Defendant expressed an employee G (at age 28)’s desire to pay credit at the same time, place, and on the ground that the amount of credit is to be paid to the victim G (at the age of 28) who is an employee, as well as an employee, and brought into the kitchen, with a transition (at the age of 20cc and 10cc length: 10cm) which is a dangerous object in storage in the water reservoir, and kid hand, and kid on the victim’s hand, and kid on the victim’s head, so far as the victim’s head is hard to collect from the victim’s head by the left hand, the Defendant added the excess to the right-hand base that requires approximately 2 weeks medical treatment to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and G;

1. A protocol of seizure and a list of seizure;

1. A medical certificate;

1. Application of Acts and subordinate statutes to damaged photographs and CCTV photographs;

1. Relevant legal provisions of the Criminal Act, Articles 258-2 (1), 257 (1) (a point of special injury) of the Criminal Act, and Article 260 (1) of the Criminal Act (a point of violence and choice of imprisonment with prison labor) concerning criminal facts;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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 stay of execution (see, e.g., the fact that the defendant has no criminal records of a fine or heavier punishment, that there is almost no direct damage due to dangerous objects, and that considerable money has been deposited for victims G);

1. The community service order under Article 62-2 of the Criminal Act;

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