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(영문) 수원지방법원 성남지원 2020.07.23 2020고단1553
특수상해
Text

A defendant shall be punished by imprisonment for one year.

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 20:20 on May 3, 2020, the Defendant heard the horses that, while smoking tobacco in the state of drinking, it is impossible for the Defendant to smoke from the victim D (V, 33 years of age) who is on duty while working in the state of smoking, the Defendant continued to take the victim’s face at a time while taking the victim’s bath, and continued to take the victim’s head and arms at a bar ( approximately 1m in length) which is a dangerous object, and put the victim at an open body of the part of the arms and other parts of the arms requiring approximately two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of the investigation report (the CCTV image and the injury diagnosis report in the case), the death diagnosis report, and the statutes governing field photographs;

1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. The reason for sentencing under Article 62(1) of the Criminal Act (hereinafter referred to as the following sentencing grounds) was that the Defendant injured the victim by taking advantage of the bar system, which is a dangerous object.

Considering the fact that there are many kinds of records of punishment for the same type of crime against the defendant, the attitude of reflection is shown, the same type of criminal record is relatively old, and the degree of injury suffered by the victim is not much serious, the circumstances favorable to the defendant are considered.

In addition, the conditions of sentencing prescribed in Article 51 of the Criminal Act, such as the age, character and conduct, environment, motive and means of crime, etc. of the accused, shall be determined as ordered.

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