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(영문) 수원지방법원 2016.06.02 2016고단1915
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 March 29, 2016, the Defendant: (a) around 06:15, at the “C main shop” located in Suwon-si B, the victim D (54 tax) and the company’s union were punished for disputes; and (b) the victim’s head was flick, which is a dangerous object on the table, and the victim’s head was flicked once, and suffered an injury, such as brain dys, which requires approximately three weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of D;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Articles 258-2 and 257 (1) of the Criminal Act relating to 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 (The following favorable circumstances):

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Social Service Order is that the defendant, who is a dangerous object, has inflicted an injury upon the victim's head by the main illness.

On the other hand, the fact of crime is recognized and reflected.

In addition, it is also recognized that the circumstances occurred in one kind of contingent situation are peeped.

In full view of the above circumstances and other circumstances, including the Defendant’s age, sex, environment, family relationship, motive and consequence of the crime, circumstances after the crime, etc., and the sentencing conditions specified in the instant pleadings, a suspended sentence of imprisonment shall be imposed on the Defendant, but community service shall be added.

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