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(영문) 수원지방법원 2017.03.23 2017고단332
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 1, 2016, the Defendant: (a) while working in the workplace of Samsung STS Co., Ltd. (hereinafter “STS”) located in Samsung Co., Ltd. (hereinafter “SS”) at approximately 42-36, 231, 42-36, the Defendant pointed out his/her duties; and (b) was faced with the injured party while doing a dispute with the injured party, he/she was faced with the injured party; (c) was able to make the face of the injured party by drinking; and (d) was able to get the head and arms of the injured party, which is a dangerous object at the same time.

As a result, the Defendant carried dangerous objects and inflicted injury on the victim, such as cerebral sye, which requires treatment for about 20 days.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Report on internal investigation ( acceptance of report, on-site conditions, dangerous deadly weapons, etc.);

1. Investigation report (verification of on-site CCTV);

1. A written diagnosis of injury;

1. Police seizure records and list of seizure;

1. 쇠s photographs, photographs of suspects and victims, photographs of damaged parts of the victim, photographs of the victim, and of the head of a degree course after the percentage of the degree course for the crime, and photographs of damaged parts (C);

1. Application of the statutes governing video recording images and CDs;

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. Reasons for sentencing under Article 62(1) of the Criminal Act - The reason for sentencing under Article 62(1) of the Suspension of Execution ( repeatedly for the reason for mitigation): The act of using dangerous articles against the defendant - The circumstances favorable to the defendant - the act of using contingent articles: the act of having committed an assault from the injured person first, and the act of causing the injury to the injured person is relatively heavy, and there is no record of criminal punishment received after entering the Republic of Korea - The comprehensive matters of sentencing conditions under Article 51 of the Criminal Act;

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