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(영문) 수원지방법원 2016.07.07 2016고단2925
특수상해
Text

A defendant shall be punished by imprisonment for not less than eight 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 May 25, 2016, the Defendant, under the influence of alcohol on the road in front of Suwon-gu, Suwon-si C on May 23:20, 2016, she took a bath to the victim D (51 tax) without any justifiable reason, and she moved to the adjacent parking lot by avoiding the Defendant, she driving away the victim, and she then she endeded the victim’s face at two to three times by drinking, and she laid down the wall, which is a dangerous object on the floor, and she laid down one stop of the victim’s head on about two weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

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

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 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following favorable circumstances):

1. The reason for sentencing under Article 62(1)(the following favorable circumstances) of the Act on the Suspension of Execution is that the defendant's return of the victim to a brick, which is a dangerous thing, is highly responsible for considering the risk of the act.

On the other hand, it was agreed with the victim.

The fact of crime is recognized and wrong.

In addition, it is also recognized that the history of criminal punishment is not confirmed.

In full view of the aforementioned circumstances and the Defendant’s age, sexual conduct, environment, family relationship, health status, motive and consequence of the crime, and circumstances constituting the conditions for sentencing as shown in the instant pleadings, the sentence of a suspended sentence of imprisonment shall be imposed on the Defendant.

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