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(영문) 수원지방법원 여주지원 2018.08.10 2018고단372
특수상해
Text

A defendant shall be punished by imprisonment for six months.

However, 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

On November 25, 2017, the Defendant: (a) around 00:01, at the “C main point” located in Ischeon-si B; (b) on the ground that the victim D (30) was bad to her female-friendly Gu, the victim’s head head part was set up once by a small-scale ward located on the table; and (c) thereafter, the victim was set up in a toilet with the victim’s body with the “C main point”; and (d) while fighting the body with the victim, the victim was pushed up on the floor.

As a result, the Defendant carried dangerous things and inflicted bodily injury on the victim, such as an open upper room, right-free salt, knee, tension, etc., which requires more than three weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. On-site photographs;

1. Statement made with D;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

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

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 grounds for sentencing under Article 62-2 of the Social Service Order Act shall be taken into account in an unfavorable manner, such as the attitude of the act and the circumstances leading to the crime.

Considering the favorable circumstances, such as the fact that the Si is a Si and reflect, the fact that part of the amount was paid to the victim, the fact that the victim tried to agree with the victim, the fact that the money was deposited for the victim, and the first crime, etc

In this context, the sentencing conditions of Article 51 of the Criminal Act, such as the defendant's age, sex, environment, etc., are comprehensively considered.

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