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(영문) 수원지방법원 성남지원 2020.05.21 2020고단992
특수상해
Text

A defendant shall be punished by imprisonment for six months.

Seized 쇠s (No. 1) shall be confiscated.

Reasons

Punishment of the crime

On August 29, 2019, the Defendant was issued a summary order of KRW 1,500,000 to a special assault in the Sungwon District Court's Sung-nam branch on three occasions.

In fact, the defendant had a scam in the vicinity of the victim B and C, and had a frequent time to scam with each other with the knowledge of the fact that the appraisal has deteriorated due to frequent problems of farmland return.

In this regard, the victim argued that a fine for negligence was imposed on the victim due to the reason that the defendant reported about the return of farmland to the lower court in relation to the return of farmland.

At around 13:55 on March 25, 2020, the Defendant suffered bodily injury, such as two parts, which require approximately three weeks of treatment on the part of the victim's right head, when the victim's farm near the E-public parking lot located in Hanam-si, is exposed to dangerous objects prepared in advance, and the victim's face is exposed to the 쇠, which is a dangerous object.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement related to B and F;

1. Investigation report (as to the damaged part of the victim), diagnosis report;

1. Previous convictions: Application of Acts and subordinate statutes concerning criminal records;

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 Defendant, on the grounds of sentencing under Article 48(1)1 of the Criminal Act, sustained an injury in need of three weeks of treatment by considering the victim’s face due to the decline, which is a dangerous object.

Considering the fact that the defendant inflicts a bodily injury on the victim by using a dangerous thing, which could cause a serious result, the police officer who intends to arrest and resist to the police officer, and the fact that there are many criminal records of the same kind, it is inevitable to sentence a sentence to the defendant.

However, the fact that the defendant is recognized to commit the crime, that there is no record of punishment exceeding the fine, and that there is no good health.

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