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(영문) 수원지방법원 성남지원 2017.09.26 2017고단1710
특수상해
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is punished by the victim B (53).

On June 23, 2017, the Defendant 21:30 around Gwangju City, Gwangju City C and 2:2:1, while drinking alcohol with the victim in the Defendant’s residence, the victim was under the influence of alcohol, and the Defendant’s head was placed in two columns where the number of days of treatment could not be known to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecutor with respect to B;

1. Application of Acts and subordinate statutes on site photographs;

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

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. The reason for sentencing under Article 62(1) of the Criminal Act on the suspended sentence (the conditions favorable to the following reasons for sentencing) is that the Defendant used two parts of the crime by drinking alcohol together with the victim at the place of residence, one time in which the head of the victim was fluence, and the nature of the crime and the method of the crime are heavy in light of the contents of the crime and the method of the crime.

On the other hand, the circumstances are favorable to the defendant, such as the fact that the defendant reflects the defendant's wrongness, the defendant's desire to take care of the person who suffered from the male victim, which appears to result in the crime of this case somewhat contingent, the degree of injury suffered by the victim is not relatively heavy, the defendant agreed with the victim smoothly, the fact that the victim does not want punishment against the defendant, and that there was no history of punishment exceeding the fine by the defendant.

In addition to the above various circumstances favorable to or unfavorable to the defendant, the punishment as ordered shall be determined by taking into account all the conditions of sentencing as shown in the arguments of this case, such as the age, sex, intelligence and environment of the defendant, motive, means and consequence of the crime, and the circumstances after the crime.

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