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(영문) 수원지방법원 2019.09.27 2019고단3540
특수상해
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 03:20 on May 19, 2019, the Defendant: (a) while drinking alcohol together with the victim D (year 52) in Suwon-si, Suwon-si, the Defendant: (b) told the Defendant that the victim would be able to grow promptly; (c) and (d) caused the water tank of plastic material, which is an object dangerous to the Defendant’s losses, (a) the water tank of plastic material (a x 26.5cm x 10cm x 5.5cm cm above the 26.5cm x 10cm x 5.5cm above) in the water tank, and then, (b) caused the injury of the victim’s head through the above plastic storage, one time at the time of the victim’s head.

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of police suspect regarding D;

1. On-site photographs;

1. Application of Acts and subordinate statutes to a criminal investigation report (related to failure to submit a suspect's DNA medical certificate), a criminal investigation report (victim's DNA statement hearing), and a criminal investigation report (scale of plastic storages);

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 (hereinafter referred to as “the grounds for discretionary mitigation”), among favorable circumstances

1. On the grounds of sentencing under Article 62(1) of the Criminal Act, the sentence shall be determined as ordered in full view of all the conditions of sentencing as shown in the instant case, including the following circumstances, the age, character and conduct, environment, the circumstances and result of the instant crime, and the circumstances after the crime.

The favorable circumstances: The fact that one's mistake is divided and reflected, the fact that the victim does not want to be punished by the defendant, the fact that the victim does not have any record of punishment for the same kind of crime: The fact that the victim was caused by a flood, which is a dangerous object, the fact that the number of the victims is teared, etc., and the liability for the crime is not easy in light of the method and degree of damage.

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