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(영문) 수원지방법원 성남지원 2021.02.10 2020고단2882
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 August 19, 2020, the Defendant was sentenced to one year of imprisonment and two years of suspended execution as a crime of violating the Road Traffic Act in the Seo-gu District Court Branch of the Daegu District Court on August 19, 202, and the judgment became final and conclusive on the 27th of the same month.

(Criminal facts) The defendant is the head of the site office of the "B" service company in the Gyeonggi-do, and the victim C (48 tax) is the person of the above company.

On May 10, 2020, the Defendant, at the construction site, parked behind the Do shopping mall in the 09:40 Sinnam-si, Haak-si, the Defendant: (a) carried flab with each other, and carried out physical fighting with the victim, flabing with each other, and carried out flabing, which is dangerous goods at the home room of the Huuri-ri, and (b) carried out flabing (34 m in length) with the victim, once taking the end part of the flab of the flab, performed two open measures that require approximately three weeks medical treatment for the victim.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Photographs, internal report, 112 reported case handling table, and photographs of damaged parts;

1. A medical certificate (one-time 6);

1. Records of crime: References to inquiries, such as criminal history (A), reports on investigation (Attachment of judgment attached), and application of the text of the judgment;

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

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. The reason for sentencing under Article 62(1) of the Act on the Suspension of Execution of the Social Service Order under Article 62(2) of the same Act, even though the defendant had been sentenced to a fine of the past three times due to violent crimes, he/she actually suffered bodily injury, such as the victim's two parts of his/her body, due to his/her danger.

However, the defendant appears to have the attitude of recognizing and opposing the crime of this case, the victim does not want the punishment of the defendant by agreement with the victim, the crime of this case occurred during the cover with the victim, and the judgment is a single concurrent crime after Article 37 of the Criminal Act.

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