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(영문) 수원지방법원 평택지원 2016.05.26 2016고단679
특수상해
Text

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

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

Reasons

Punishment of the crime

On April 13, 2016, the Defendant: (a) performed drinking together with the Victim D (52 cc) at a drinking house located on the Gyeonggi-si C2, Gyeonggi-do 20 on April 13, 2016, on the ground that the victimized person, while drinking alcohol with the Victim D (52 cc), neglected the Defendant’s desire to neglect the Defendant, and (b) caused the Victim’s head to the beer fright, which is a dangerous object, by spreading the victim’s face to the beer, and making the victim’s head flick at one time.

As a result, the defendant carried dangerous objects with the victim about two weeks of medical treatment, which requires two-time medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution against E;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to photographs and diagnostic reports on damage;

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 to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Determination on the application of the O sentencing guidelines for the reasons of sentencing under Article 62-2 of the Criminal Act for the observation of protection and observation: To take into account all the circumstances, including the fact that the scope of O sentencing guidelines applicable to the aggravated area of general injury: the aggravated area (6 months to 2 years) of the first type of injury (general injury) is an O contingent crime, and that the considerable period of time has been detained;

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