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(영문) 수원지방법원 2018.01.25 2017고단5798
특수상해
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten 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 June 2, 2017, the Defendant, at the E Dormitory D around 02:35, tried to cover other workplace accommodation charges, which had been divingd in the above dormitory, by drinking after a meeting, and the victim F (37 years) of a private person in the workplace, carried the Defendant into the room of other employees, thereby leaving the Defendant’s neck at his arms for about 30 minutes.

In order to prevent the Defendant from taking advantage of the victim’s mind that the victim’s arms slided by the Defendant come out of the slided room, and then, the victim slided out of the room to the Defendant, and that the victim slided him again, the victim slided the victim’s left shoulder, head, right arms, and uniforms with the victim’s knife knife with the victim’s knife, which is an object dangerous in the kitchen located next to the victim’s knife to the victim’s knife (31cm: 31cm in total length, 21cm in length: 21cm).

As a result, the defendant carried dangerous articles and inflicted an injury on the head of the victim who could not know the number of days of treatment and the head of the family.

Summary of Evidence

1. The application of Acts and subordinate statutes to the defendant's statutory statement G, the report of internal investigation against F on the police's statement, the report of investigation (Evidence List No. 4), the police's seizure protocol, the list of seizure and report (in relation to the degree of injury inflicted upon the victim F) photographic materials, and

1. Articles 258-2 and 257 (1) of the Criminal Act relating to 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 extenuating circumstances in favor of the defendant among the grounds for sentencing);

1. Article 62 (1) of the Criminal Act on the suspension of execution (resumed grounds for reduction of amount);

1. As to the defense counsel’s assertion of Article 48(1)1 of the Confiscation Criminal Act, the defense counsel at the time of the instant crime was in a physical and mental state by drinking alcohol.

I.1.

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