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(영문) 수원지방법원 안산지원 2017.04.21 2016고단2198
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 May 5, 2016, the Defendant 21:30, on the grounds that the Defendant, within the “C main point” located in Ansan-si Group B, made a verbal dispute between the victim D(38 tax) and E, he saw that he was flabing and faced with flab and face from the injured party, and that he was flabing down the victim’s head on his hand, making it impossible to identify the number of days of treatment by gathering the Kascer’s head on his hand.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Application of the statutes on site photographs and case-related photographs;

1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning 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 extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act lies in the injury of the victim by getting the victim's head to be a beer who is a dangerous object. In light of the method and content of the crime, considering the fact that the crime is inferior and that the degree of injury to the victim is not weak, it is necessary to strictly punish the defendant.

However, the punishment as ordered shall be determined by comprehensively taking into account the favorable aspects of the defendant's age, sexual behavior, environment, background of the crime, circumstances after the crime, etc., such as the defendant's age, sexual behavior, circumstance of the crime, etc., and the conditions of sentencing as shown in the trial process, such as the fact that the defendant was led to a confession, violence, first of all from the damaged person, committed a contingent crime in the process of opposing the violence, the fact that the victim has already agreed with the victim at the investigation stage, and the previous

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