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(영문) 수원지방법원 2018.09.06 2018고단2916
특수상해
Text

A defendant shall be punished by imprisonment for six 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 October 8, 2017, at around 22:30, the Defendant, at the house of the Victim D (39) in Thailand Pamp C 1, sent the victim to F, as if the victim was satisfing, E, one of his own f, sent the victim’s face to Thailand f, while making the victim and the franc, franc. B, as the dangerous object cited by E, francing the victim’s face by one time at the left side of the victim’s face, and francing over two times, due to the francing of the part on the left left side of which the number of days of treatment cannot be known to the victim.

In this respect, the defendant carried a dangerous object, and inflicted an injury on the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or F;

1. Application of Acts and subordinate statutes in translation of a medical certificate and medical 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 to mitigate small amount;

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

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act [the scope of recommended punishment] / The basic area (6 months to 2 years) of the injury to a special injury, or repeated crime (special injury) / [the decision of sentence] of this case is that the defendant committed the crime of this case by taking the victim's face at the time of the victim's face in accordance with the party oral statement, thereby causing an injury to the victim, and the nature of the crime is not weak, and the degree of injury suffered by the victim is not easy, and the defendant did not agree with the victim.

However, considering the fact that the defendant recognized the crime of this case and divided his mistake, the defendant is the primary offender, and other various circumstances that form the conditions for sentencing as shown in the record, such as the age, sex, environment, relationship with the victim, motive, means and consequence of the crime, etc., the punishment as ordered shall be determined.

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