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(영문) 수원지방법원 성남지원 2018.01.25 2017고단3065
특수상해
Text

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 October 7, 2017, the Defendant took a bath to the above D while working in the street of the convenience store C located in Sungnam-si A, Sungnam-si, A, and the victim E (51) on the street before the convenience store, and the Defendant took a bath to the Defendant.

The defect, "Ma," and the victim's "Is you write N. W. L. L. L.W."

In both hands, the breath of the victim's head was sculed, and the victim was sculed with the victim's hand with the victim's finger hand, and sculed with the victim's chest, and sculed with the victim's breast, the victim's body was sculed with the victim's body, and the victim was sculed with the victim's body, and the victim was sculed with the wall (11cm in width, 10cm in length, 10cm in length, 6cm in thickness) which is a dangerous object in the surrounding part of the victim's body, and 5cm in size.

As a result, the defendant carried dangerous articles and put a head, where the number of days of treatment can not be known, to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A report on investigation;

1. Application of Acts and subordinate statutes to photographs on the scene of occurrence, and photographs damaged by victims;

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. The reason for sentencing under Article 62-2 of the Criminal Act of the community service order is very heavy for the defendant to get the victim's head into a brick, which is a dangerous object.

However, other factors of sentencing, such as the defendant's age, environment, sexual conduct, motive and means of a crime, circumstances after a crime, etc., such as the fact that the defendant is against himself, the victim paid medical expenses, and the victim did not want the punishment of the defendant, shall be determined in accordance with the text by comprehensively taking into account all the factors of sentencing as shown in the records and changes theory.

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