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(영문) 수원지방법원 평택지원 2016.04.15 2016고단263
특수상해
Text

A defendant shall be punished by imprisonment for six 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

The Defendant is a friendly relationship between the victim D (V, 55 years old) who operates the “C”p in Pyeongtaek-si B and about five years ago.

On January 31, 2016, the Defendant, at Chop around 01:55, 01: (a) around 01:55, had a kitchen, which was in the entrance of a restaurant, after drinking alcohol as the victim, with other customers, and then has a kitchen (not less than 25cm in total length, not more than 20cm in length, and not more than 20cm in length) with a kitchen at the entrance of a restaurant, and had a light of about 5cm in the right hand of the victim.

In this respect, the defendant carried dangerous objects and brought a wound to the victim for treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against the victim;

1. Police seizure records;

1. Application of each statute on 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. Reasons for sentencing under Article 62-2 of the Criminal Act for observation of protection;

1. The scope of punishment by sentence: Imprisonment for six months to five years;

1. Determination of types: Type 1 from among the groups of habitual injuries, repeated injuries, and special injuries;

1. Special sentencing factors: Insignificant injuries or incompetences;

1. Scope of recommended punishment: Imprisonment with prison labor for one year and six months to two years (the area of mitigation of type 1);

1. A suspended sentence: positive - Minor injury, or non-guilty punishment;

1. Determination of sentence: A decision shall be made as per Disposition on the grounds that the Act on the Punishment of Violences, etc., which served as the basis of the sentencing guidelines has been amended in six months of imprisonment with prison labor - The aforementioned circumstances and the motive and background leading up to the crime, circumstances after the crime, criminal records, age of the accused, sexual conduct, intelligence, environment, etc. are not less than all taken into account;

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