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(영문) 수원지방법원 2018.10.11 2018고단4666
특수상해
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

On July 30, 2018, the Defendant collected spawn-in disease, which is a dangerous object, while drinking alcohol together with a spawn, such as the victim B (50 years of age) at the inero park, 407-2 No. 47 of the Young-gu, Young-gu, Young-si. 407-2, the Defendant laid down the spawn-in disease, which was a dangerous object, to the head of the victim, and caused two parts of the days of treatment to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. A report on internal investigation (at the time of dispatch to the scene, etc.);

1. Each investigation report (an on-site CCTV inspection, and an investigation into a witness's counter phone);

1. 112 Cases of report processing; and

1. Application of the Acts and subordinate statutes on CCTVs for crime prevention around the scene of the case, photographs of damaged parts, photographs of the head of the crime, photographs of the closure of the crime, and CCTVs

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 in favor of the defendant among the grounds for sentencing);

1. Circumstances unfavorable to the defendant for sentencing under Article 62(1) of the Criminal Act (re account of repeated causes for reduction of volume) of the suspended sentence: The punishment for the crime committed by inflicting bodily injury on the defendant by using dangerous articles is not minor. Circumstances favorable to the defendant: contingent crimes; the victim’s penalty is not permissible; the victim’s errors are recognized; the victim’s errors are recognized; the victim has no criminal record of the same kind of criminal offense or suspended sentence, in addition to once of a fine; and the sentencing conditions prescribed in Article 5

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