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수원지방법원 평택지원 2019.06.14 2018고단2046
특수상해등
Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around September 1, 2018, the Defendant suffered special injury: (a) around 22:55 on September 1, 2018, the victim C (the 38-year-old) operated in Pyeongtaek-si B (the 38-year-old), reported that employees D, known to the Defendant, was fit for the victim; (b) the victim’s face was knifeed with the victim’s hair; and (c) the victim’s head was flick, which is a dangerous article in the knife, and the knife and knife of plastic so that the victim’s head was collected, and caused damage to the knife and spats that require two weeks’ head treatment.

2. The Defendant destroyed and damaged property at the same location as the time and time and time and place indicated in paragraph 1, where the victim C owned the same amount of 1.60,000 won or more of the market price, 1, 1, 1, and 1, 2,000 won of plastic coffee.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding C;

1. A written diagnosis of injury (C);

1. Other closure photographs;

1. Application of Acts and subordinate statutes to photographs of damaged articles;

1. Relevant provisions of the Criminal Act and Articles 258-2 (1), 257 (1) (a point of special injury), and 366 (a) of the Criminal Act concerning criminal facts;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The grounds for sentencing under Article 62(1) of the Criminal Act, including the fact that the defendant's mistake is acknowledged, the primary offender is the defendant's age, character and conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime, etc., are determined as the same as the disposition, comprehensively taking account of the various sentencing conditions under Article 51 of the Criminal Act as shown in