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(영문) 수원지방법원안산지원 2020.08.04 2020고단744
특수상해
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

At around 20:40 on October 27, 2019, the Defendant: (a) while drinking alcohol together with the victim D(47 years of age) at an Ansan-si member B, the Defendant inflicted on the victim’s face and body, which is a dangerous thing, as a consequence of drinking and sprinking the victim’s body attached to the victim’s c (47 years of age); (b) placed the victim’s face and body in hand; and (c) placed the victim’s body in his/her hand and sustained the victim’s body, such as sprinking and sprinking the victim’s body with which the number of days of treatment can not be known.

Summary of Evidence

1. Application of Acts and subordinate statutes, such as photographs, CCTV images, diagnostic photographs, diagnosis certificates, copies of medical records, and medical records at emergency centers of each written statement prepared by the police suspect interrogation protocol E in relation to Defendant’s legal statement D

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

1. Where a victim is fully responsible for the occurrence of a crime or the expansion of damage to a victim, with respect to the basic area (six months to two years) (specially under confinement) of category 1 (special injury) and the basic area (six months to two years) of the injury by repeating sentence on the grounds of sentencing under Article 62 (1) of the Criminal Act on the suspension of execution of sentence, the scope of recommendation [the scope of recommendation] on the grounds of sentencing under Article 62 (1) of the Criminal Act;

2. In light of the fact that the defendant was punished for the same kind of crime, the defendant suffered heavy physical pain beyond ordinary degree in light of the intensity of suffering and the continuity of time, etc., the degree of injury such as the victim's cutting off the stove and the stoves and the stoves and the stoves, and the stoves and the stoves and the s toves from the stoves and the stoves, etc., on the other hand, since the crime of this case begins and is being committed by both assault, the victim is fully responsible for the occurrence or expansion of damage, and the victim does not want the punishment of the defendant, the defendant's mistake is recognized, the defendant's age, character and conduct, environment, and other circumstances.

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