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(영문) 수원지방법원성남지원 2020.10.08 2020고단2239
특수상해
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The defendant and the victim B(n, 46 years of age) live together for about two years.

Around 15:30 on May 28, 2020, the Defendant received water from a ward located in Seongbuk-gu, Sungnam-si, and water purifiers, and the Defendant did not participate in the exercise of the body’s remains, etc., and thereby, the Defendant, who was dissatisfied with the Defendant, deducted the instant scam, which is an object dangerous to the Defendant’s head head from the Defendant’s head head head head to the Defendant’s friendship, again deducted the instant scam from the Defendant’s head head to the Defendant’s head head, thereby making the Defendant a two-time treatment.

Summary of Evidence

1. Defendant's legal statement;

1. The suspect interrogation protocol of the police as to B;

1. Application of statutes on site photographs and diagnostic certificates;

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

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. The reason for sentencing under Article 62(1) of the Criminal Act (a favorable circumstances among the reasons for sentencing below) was that the Defendant carried a dangerous article, and carried the scam, which requires approximately two weeks of treatment to the victim.

Taking into account the following circumstances: (a) the content of the instant crime; (b) the risk of carrying a dangerous article, and the degree of injury to the victim; (c) the victim did not want to be punished by the agreement with the Defendant; and (d) the Defendant did not have any record of punishment exceeding the fine.

In addition, the conditions of sentencing prescribed in Article 51 of the Criminal Act, such as the age, character and conduct, environment, motive and means of crime, etc. of the accused, shall be determined as ordered.

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