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(영문) 수원지방법원 2016.08.18 2016고단3178
특수상해
Text

A defendant shall be punished by imprisonment for not less than eight 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 April 28, 2016, at around 19:10, the Defendant, within the house of the Victim C (57 tax) located in Osan City B (57) on April 28, 2016, lost money due to the following reasons: (a) the Defendant, while making a horse dispute with the victim on the ground that he was unable to pay money; and (b) the Defendant, as the main disease of a dangerous object at the same time, made the head of the victim at one time, and put the victim into the part of the head in the number of days of treatment.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Each photograph;

1. Application of Acts and subordinate statutes on police statements made to D;

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

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following favorable circumstances):

1. Article 62 (1) of the Criminal Act (The following favorable circumstances):

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is that the defendant, who is a dangerous object, inflicted bodily injury upon the victim's head and the victim's head are in need of strict punishment in light of the risk of such act.

On the other hand, the fact of crime is recognized and wrong.

In addition, the circumstances are also recognized that the victim is not subject to punishment due to the agreement with one victim.

In full view of the aforementioned circumstances and the Defendant’s age, sex behavior, environment, family relationship, health status, motive and consequence of the crime, and the circumstances constituting the conditions for sentencing as shown in the instant pleadings, a suspended sentence of imprisonment with prison labor shall be imposed on the Defendant, and community service shall be added.

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