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(영문) 수원지방법원 2019.02.12 2018고단6483
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 08:30 on October 27, 2018, the Defendant, without permission of the Defendant, brought the victim C(33 years of age) in a restaurant located in Suwon-si B, Suwon-si, Suwon-si, in order to sit at the seat of the Defendant, and threatened the Defendant to move the Defendant’s bank without permission, as if the victim were able to take a dangerous object in the restaurant, and threatened the victim with his body twice by knicking the victim’s knife with his knife, and led the victim to the head of the dangerous object, and caused the victim to tear the back of the head of the knife in the treatment days.

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

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report (fields, etc.), photographs of the victim used in a restaurant, site photographs, or photographs of the suspect used when the victim assaults the victim;

1. Application of the Acts and subordinate statutes on photographs by cutting off on-site CCTV images or CCTV images that a suspect assaultss a victim;

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

1. The reason for the sentencing of Article 62(1) of the Criminal Act of the suspended sentence [Scope of Recommendation] The basic area (6-2 years) of the type 1 of the injury by special injury and repeated crime (special injury) (the decision of the sentence] of the crime of this case is that the defendant, at a restaurant, has inflicted an injury on the victim by unloading the head of the victim from a person who was in the place where the victim was placed with a guard, thereby causing the injury to the victim, and the nature of the crime is highly dangerous

However, the defendant recognized the crime of this case and divided his mistake, and the defendant seems to have suffered a bipolar disorder with mental disorder of Grade 3 with mental disorder of Grade 3 at the time, and the defendant seems to have caused a threat to the victim, which is drunk due to the motor vehicle of clothes at the time, is one of the causes of the occurrence of this case, the defendant is the primary offender, the defendant seems to have continued to have been subject to drug treatment, and the defendant seems to have continued to have been subject to drug treatment, and the defendant's mother is also the same.

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