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(영문) 수원지방법원 2016.09.28 2016고단4820
특수상해
Text

A defendant shall be punished by imprisonment for one year.

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 August 12, 2014, the Defendant gave testimony favorable to the victim in the case of forced indecent conduct which was found guilty by the Suwon Friwon on August 12, 2014.

1. On July 16, 2016, the Defendant: (a) around 16:09, around 13:00 on the street, and at around 13:00 on the same day, the Defendant inflicted injury on the victim by using a string pipe (110cm in length) with the victim’s right bridge, right shoulder, right shoulder, right shoulder, right shoulder, right shoulder, etc., which requires treatment of approximately two weeks on the part of the victim when the police officer called out to have been on the part of the Defendant.

2. On July 17, 2016, around 15:19, the Defendant: (a) on the street in front of Osan City, the Defendant: (b) carried the victim’s right-hand bucks; (c) 2 metal bucks, a dangerous object possessed for the same reason as the above 1 paragraph (1); (d) on one occasion, when the victim’s right-hand bucks, and the left side bucks, the Defendant carried the victim’s right-hand bucks and bucks on the number of days for treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written statement of C;

1. Records of damage and photographs of criminal tools;

1. Application of Acts and subordinate statutes of a medical certificate;

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

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, Article 50, and the proviso to Article 42 of the same Act for the increase of concurrent crimes;

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence is that the defendant has been punished several times as a crime of violence in the past, and the nature of the crime of this case, which was inflicted an injury upon the victim due to dangerous articles on the ground that he/she made a statement unfavorable to his/her previous crime, is not bad, but the degree of injury of the victim is not large, and there is a special criminal conviction in addition to a fine.

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