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Reasons
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(영문) 수원지방법원 여주지원 2016.06.01 2016고단335
특수상해
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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 11, 2016, at around 01:40, the Defendant: (a) was fluorously fluored with the victim D (the 24 years old), who is a pro-child, in his/her residence in the Gyeonggi Pyeong-gun C; (b) caused a dispute with the victim, and (c) was fluorily fluord with the victim, and was fluord with his/her body and eye, etc.; and (d) collected the victim’s head, eye, etc., which is a dangerous object (25 cm in length on the day); and (e) taken the victim’s body and eye part, etc., which requires approximately two-day medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution with regard to D;

1. Statement made by the police for E;

1. Investigation report (report accompanied by a photograph of the body part of the victim), investigation report (report accompanied by a diagnosis report of the victim and a copy of medical record);

1. Taking photographs of criminal tools, and the application of the statutes on site photographs;

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. There are circumstances to consider the reason for sentencing under Article 48(1)1 of the Criminal Act, which led to the instant crime.

Even if considering the method of the crime of this case and the degree of damage caused by the crime of this case, the defendant should be punished strictly, but there is no record that the defendant has been punished for the same kind of crime, and the defendant will not re-be punished for the same mistake.

It shall be sentenced to the same sentence as the disposition in consideration of the circumstances in which the victim does not want the punishment of the defendant.

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