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(영문) 수원지방법원 2018.02.22 2018고단32
특수상해등
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

1. On December 15, 2017, the Defendant: (a) around 23:30 on December 15, 2017, the Defendant sought to bring the victim’s D (43 taxes) fastening in the C cafeteria located in Osan City B; and (b) the Defendant intending to bring the victim’s D (43 taxes) fastening the victim’s head to the victim’s head; and (c) inflicted an injury on the victim, such as two-one-day open wifes, in need of medical treatment.

2. The Defendant damaged property by gathering one son E owned by the victim E, who is the owner of the restaurant at the above date and place.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D or E;

1. Each statement of the F;

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes to additionally damaged photographs;

1. Relevant legal provisions of the Criminal Act, Articles 258-2 (1), 257 (1) (a point of special injury) of the Criminal Act, and Article 366 of the Criminal Act concerning facts constituting an offense;

1. The aggravated punishment for concurrent crimes under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the aggravated punishment shall be limited to the extent that the aggregate of the upper limit of two principal crimes prescribed by the heavier special injury crimes);

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. The reasons for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Social Service Order Act, and Article 62-2 of the Act on the Protection and Observation, etc. of Social Service Order, had a record of being sentenced to fines twice due to violent crimes in 2008 and 2010, again committed the instant crime. The Defendant committed the instant crime. The victim D due to the Defendant’s special bodily injury, without any special reason, suffered from considerable physical and mental pain due to an injury to the extent that he/she would be subject to violence and need to make a fluence, but the Defendant did not have sufficiently endeavored for the victim to seek a fluence or recover from damage.

However, the defendant does not want the punishment of the defendant any longer by agreement with the victim E in the crime of destroying property.

The defendant recognizes the crime of this case and is against the law.

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