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(영문) 수원지방법원 2018.06.08 2018고단629
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 October 29, 2017, the Defendant, at around 02:00, performed drinking at the “D’D’ for the operation of the Victim C in Suwon-si, Suwon-si, Suwon-si, the Defendant, while drinking alcohol at the drinking house, brought about the victim E (the 58-year-old age-) and the dispute arising between the Plaintiff and the Si, inflicted injury on the victim, such as the Abdog, in need of approximately four weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement;

1. Each photograph;

1. A written petition;

1. A medical certificate;

1. Application of Acts and subordinate statutes to recording notes;

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

1. Articles 53 and 55(1)3 of the Criminal Act for mitigation of amount (see, e.g., “a favorable condition” among the following grounds for sentencing)

1. On the grounds of sentencing under Article 62(1) of the Criminal Act, the sentence shall be determined as ordered by comprehensively taking into account all the sentencing conditions of the instant case, such as the Defendant’s age, sex, health status, home environment, the background and result of the instant crime, and the circumstances after the instant crime.

The favorable circumstances: The fact that one's mistake is divided and reflected, there is no record of punishment for the same kind of crime, and the defendant seems to have not left a favorable balance by directly leaving the face of the victim because he/she is a person with a visual disorder, and the circumstances that have agreed smoothly with the victim: The degree of injury is significant, the free balance, which is a dangerous object, was put on the victim, and the crime is poor in light of the method of crime, such as inflicting injury on the victim.

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