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(영문) 수원지방법원 2018.04.10 2017고단8071
특수상해
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On September 12, 2017, the Defendant: (a) at the main point in the building B in Suwon-si, Suwon-si, Suwon-si, on the ground that the victim C (n, 46 years of age) who performed drinking together interfered with conversations above the victim, and (b) at the victim’s face, the Defendant inflicted an injury on the victim, who was in need of approximately three weeks of treatment, such as the left-hand snow pool and the open eye around the body of the victim.

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Written statements of D;

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes to internal reports and photographs;

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

1. The crime of this case on the grounds of sentencing under Article 53 and Article 55(1)3 of the Act on the Mitigation of Small Quantity Mitigation provides that the defendant merely imprisoned the face of a female victim on the ground that the defendant was influent, thereby causing bodily injury, and thus, the crime of this case is not less complicated, but more dangerous in that it was possible to cause severe bodily injury, and the degree of the victim's injury is not less severe, and thus, the defendant needs to be subject to strict punishment.

However, in light of various circumstances, such as the defendant's recognition of the crime of this case and his mistake, the defendant appears to have committed the crime of this case by contingency under the influence of alcohol, the defendant's consent to the crime of this case does not want the punishment of the victim, and the defendant's age, sex, environment, relationship with the victim, motive, means and consequence of the crime, etc., the punishment as ordered shall be determined by taking into account the various circumstances that form the conditions for sentencing indicated in the record, such as the defendant's age, sex, environment

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