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(영문) 수원지방법원 평택지원 2019.09.10 2019고단709
특수상해
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 19, 2019, at around 01:37, the Defendant sought from the victim the phrase “Ccafeteria” in relation to the Defendant’s failure to pay money to the victims D (year 46) in the nearby Park in Pyeongtaek-si, which is “Ccafeteria,” that “I am scar, live immediately, and do not have a salke, salke, and live with a salke, salke, salke, salke, salke, salke, and act as if I am the victim with a salke, which is a dangerous object that has been abandoned on the park’s floor, and knnife at the right hand of the victim’s left part, and the victim needs to receive medical treatment for 21 days.”

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. On-site photographs;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

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. Article 62 (1) of the Criminal Act;

1. The scope of recommendations based on sentencing guidelines under Article 62-2(1) of the Social Service Order Criminal Act is from 4 months to 1 year (in case of a punishment). The execution of imprisonment is suspended in consideration of the following: (a) the defendant divided his/her mistake and agreed with the victim; and (b) the defendant has no record of committing a crime exceeding the fine; and (c) an incidental disposition is imposed to prevent recidivism

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