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(영문) 수원지방법원 평택지원 2017.08.31 2017고단64
특수상해
Text

A defendant shall be punished by imprisonment for not more than ten 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 November 17, 2016, the Defendant: (a) around 23:55, on the ground that the victim, while drinking alcohol together with the victim E (n, 40 years of age) who is female entertainment, had the victim changed the preserving room, and (b) had the beer’s disease on the table to the victim’s face part for about 10 days.

Accordingly, the defendant carried a beer, which is a dangerous thing, and inflicted an injury on the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Each legal statement of witness F and G in part;

1. Application of Acts and subordinate statutes to damaged photographs and diagnostic instruments;

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. Article 62-2 of the Criminal Act of the community service order (the defendant and his defense counsel asserted that there is no fact that the defendant had a beer's face facing the victim's face. However, according to each of the above evidence, the defendant can be recognized as having been a beer's disease on the part of the victim and having inflicted an injury on the victim. Thus, the above assertion is rejected).

The sentence identical to the order shall be determined by comprehensively taking into account the following circumstances of sentencing and other conditions of sentencing as shown in the records, such as the defendant's age, occupation, sex, family relationship, and circumstances before and after the crime.

- Even though the defendant inflicts an injury on the victim due to beer's disease, which is a dangerous thing, the damage does not properly recover, except that the degree of the injury of the victim is not much serious. - The defendant reflects his mistake and is recovering the damage.

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