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(영문) 수원지방법원 2017.05.23 2016고단4219
특수상해
Text

A defendant shall be punished by imprisonment for one year.

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

Criminal facts

On May 24, 2016, at around 04:00, the Defendant, at the main point of the “E” located in Suwon-si, Suwon-si, Suwon-si, the Defendant, as well as the victim F (42 h) and the victim’s knife disputes are punished, but the Defendant cited a excessive one, which is a dangerous thing in the kitchen of the above main point, and followed the victim’s back, leaving the kitchen, she added the excessive two times to the victim’s face, and took the victim’s knife by drinking.

As a result, the defendant carried dangerous objects with the victim, and caused the victim to suffer approximately 2 weeks of medical treatment, internal organs, and tissue ties.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Coloric photographs presumed to be a tool of crime, and vice photographs of the victim's upper part of the body;

1. A medical certificate;

1. Application of Acts and subordinate statutes to report on investigation (to hear statements from victim F Telephones);

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

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

1. The grounds for sentencing under Article 62-2 of the Criminal Act and Article 59(1) of the Act on the Observation, etc. of Protection, etc. of Social Service Orders are as follows: (a) the sentencing guidelines for special injury under Article 258-2 of the Criminal Act newly established on January 6, 2016 are not yet established; and (b) the sentencing guidelines are not applicable.

Circumstances favorable to the defendant shall be as follows:

Recognizing the Defendant’s crime of this case late, the Defendant committed the crime of this case.

It seems that the defendant's friendly arrest and drinking with the victim has caused a contingency to commit the crime of this case.

The defendant agreed smoothly with the victim.

Circumstances unfavorable to the defendant are as follows:

The defendant, who is a dangerous thing to the victim, has been faced with a beer on the face of the victim, and the victim has been faced with a beer on the face.

The Defendant was sentenced to imprisonment with prison labor for six months from the date of suspension of execution due to interference with competition in 2015 and committed the instant crime during the period of suspension of execution (Provided, That this shall not apply at present).

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