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(영문) 수원지방법원 평택지원 2018.07.13 2018고단195
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 November 11, 2017, the Defendant, at approximately 23:45, performed drinking in the ward of 2nd floor C C private house located in Gangnam-gun, Gangwon-gun, Gangwon-gun, the Defendant assessed the victim’s face with the victim D(41 years of age) that “I drink only drink, I drink, I would like to drink the victim’s face by drinking it, and the victim’s face is taken by drinking it, which is a dangerous object in the ward’s location ( approximately 125cm in length, approximately 3cm in diameter).

As a result, the defendant carried dangerous objects and inflicted an injury on the victim's left side of the treatment days.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation report (related to attaching on-site photographs);

1. Written statements of D;

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. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following favorable circumstances):

1. Article 62 (1) of the Criminal Act on the suspension of execution (Article 62 (1) of the Criminal Act on the following favorable occasions):

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: Punishment of imprisonment for a crime related to violence, suspension of the execution of imprisonment for a term of a fine, suspension of the execution of a term of a fine, the use of dangerous articles for the crime of this case, and the risk of the crime of this case is considerable: The use of favorable circumstances such as confession, reflectivity, and the use of dangerous articles for the crime of this case: the punishment against the defendant is not possible under an agreement with the victim; the defendant appears to be a contingent crime; and other sentence such as the defendant's age, family relation, criminal history, etc.: the sentence shall be sentenced to imprisonment

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