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(영문) 수원지방법원 2020.08.25 2020고단4808
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 17:59 on July 2, 2020, the Defendant: (a) 238 of Suwon-si, Suwon-si, 2020, and (b) 17:58 of Chinese nationality, which had been sitting in and had a long term to rest in the toilet near the toilet in the Park, and (c) entitling the victim’s body with his own left face of the defendant as a result of the victim B (the age of 65) of Chinese nationality, and as a matter of debt, the Defendant saw the victim into the front side of the defendant’s body, and (d) 2 times the Defendant’s body knick, which is a dangerous object of the defendant’s body, was placed in the part of the left side of the victim, which requires approximately two weeks medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. The application of the Acts and subordinate statutes to the victim, the victim, the victim's body photograph, the on-site photograph, and the investigation report on the B damaged body photograph (on-site CCTV image analysis) to the police report on the B, and to the on-site CCTV analysis

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 (The following extenuating circumstances among the reasons for sentencing):

1. In light of the criminal intent of sentencing under Article 62(1) of the Act on the Suspension of Execution (hereinafter referred to as "the grounds for sentencing"), the criminal nature of the defendant is not good, but the defendant shows his attitude to recognize and reflect his mistake. Meanwhile, the defendant is subject to rescue from the victim first, and the defendant is committed the crime in this case by agreement with the victim, the victim does not want the punishment of the defendant, and the mental illness suffered by the defendant seems to have considerable impact on the crime in this case. The mental illness suffered by the defendant seems to have not had any record of punishment in Korea before he commits the crime in this case shall be considered as favorable circumstances to the defendant, and all other circumstances, such as the defendant's age, character and conduct, environment, and circumstances after the crime, etc., are considered as conditions for sentencing as shown in the records.

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