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(영문) 수원지방법원성남지원 2020.08.13 2020고단968
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 became final and conclusive.

Reasons

Punishment of the crime

On March 9, 2020, at around 22:45, the Defendant, at the main point of "C" located in Seongbuk-gu, Seongbuk-gu, Seongbuk-gu, Sungnam-si B, the Defendant, under the influence of alcohol, had been seated with the victim D (the age of 40) who was seated in the front table without any justifiable reason, and had the victim "I am hick the horses "I am? I am hick, I am am hick, I am hick, which is a dangerous object on the table, and caused the victim's injury, such as 14 days in charge of supervision and strawing, which require treatment for 14 days on the right side of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement of D and E;

1. Application of the injury diagnosis certificate, damaged part photograph, on-site photograph-related Acts and subordinate statutes;

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

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. The reason for the sentencing of Article 62(1) of the Criminal Act (a favorable circumstances among the reasons for sentencing below) was that the Defendant was a dangerous object, and the Defendant was faced with the two-way custody on the right side of the victim.

In addition to the contents of the crime of this case, the defendant shows an attitude to reflect on the fact that the defendant did not have any record of punishment in excess of the previous charge, and there was no record of punishment in excess of the fine, and the degree of injury was not significant, shall be considered in light of the favorable circumstances.

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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