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(영문) 수원지방법원 평택지원 2017.11.08 2016고단2838
특수상해
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

The defendant and the victim B(49) are for daily use, and there is a conflict between the defendant and the victim B(49) as a volunteer fee in the same lodging room and there was no good appraisal.

On October 11, 2016, at around 03:23, the Defendant 405, the fourth floor of Pyeongtaek-si building C, and around 22:00, when drinking alcohol such as the victim and Dong fee D around the preceding 22:00, the Defendant saw the victim's convenience, and saw the victim's left part of the road sign, which is a dangerous object that had been prepared in advance by getting out of the victim from the room, and put the victim's back one-time part of the back pipe of the road sign, which is a dangerous object that had been prepared in advance, and led the victim to a breath of the body of the body that requires approximately six weeks medical treatment.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against B;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

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

1. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act include: (a) the Defendant’s attitude of recognizing and reflecting his mistake in the police investigation; (b) the nature of the instant crime is not good in light of the tools and methods of the instant crime; (c) the victim was relatively serious injury; (d) the victim was unable to recover and agree on any damage; and (e) the Defendant’s age, sex behavior, environment, relationship with the victim; (c) circumstances after the crime; and (d) various factors of sentencing, including criminal records, are comprehensively considered.

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