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(영문) 수원지방법원 여주지원 2018.06.27 2018고단395
특수상해
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On December 28, 2017, around 22:40, the Defendant: (a) moved to the stamper of a stamper in the stamper in Ison-si B, Leecheon-si; (b) moved to the table to the stamper of a dangerous object; (c) moved to the stamper of a stamper of a stamper, which was a dangerous object located at the table; and (d) moved to the end of the victim D(36).

As a result, the Defendant inflicted an injury on the victim, such as an open wound, which requires treatment for about 21 days.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or E;

1. Police seizure records;

1. A written diagnosis of injury;

1. On-site and victim photographs;

1. Investigation report (Submission of photographs of parts of the victim's damage), photographs of the victim;

1. Application of the investigative report (Submission of a statement of presumption of victim's sex outdoor and future medical expenses), the presumption of sexual appearance and future medical expenses to statutes;

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

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

1. The defendant's reasons for sentencing under Article 62-2 of the Criminal Act, such as the observation of protection and the order to provide community service and attend lectures, are against the time of committing a crime.

It seems that the victim intentionally committed a conclusive injury to the victim because he/she did not have committed a crime by gathering things in a sudden fashion at a place with a large number of people.

The victim did not reach an agreement with the victim.

Although there is a record of punishment for the same crime of violence, there is no record of punishment of fine or more.

Other circumstances, such as the age, sex, environment, family relationship, motive and background of the crime, and circumstances after the crime, shall be determined as ordered by taking into consideration.

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