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(영문) 수원지방법원 2017.09.01 2017고단1101
특수폭행등
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

On February 5, 2017, the Defendant: (a) 06:20 on the front side of Suwon-si, on the ground that the Defendant faced with the victim E (23 ) and shoulders, and (b) on the front side of Suwon-si, the Defendant: (c) ran off the head of E by jum, which is a dangerous object that was at the time when he met with the cream from E; (d) jum, the face of the victim F (23 Doe) who was on the way, was cut off two times by the above news jum; and (e) inflicted injury on F, such as the closure of the pel, which requires approximately four weeks medical treatment.

In this respect, the Defendant, carrying dangerous objects, assaulted the victim E, and inflicted an injury on the victim F.

Summary of Evidence

1. Statement by the defendant in court;

1. Each legal statement of witness E and F;

1. Side photographs of the assault;

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

1. Relevant legal provisions of the Criminal Act, Articles 258-2 (1), 257 (1) (a point of special injury) of the Criminal Act, Articles 261 and 260 (1) of the Criminal Act (a point of special assault and choice of imprisonment with labor) concerning facts constituting an offense;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Eight months of imprisonment to be suspended;

1. Although the reason for sentencing under Article 59(1) of the Criminal Code of the Suspension of Pronouncement of Sentence is not less than that of the crime in this case, the defendant recognized his mistake and reflects his depth, there are some circumstances to consider the background leading to the crime in this case, the victims do not want the punishment against the defendant, the victims do not want any criminal punishment, the first offender with no criminal history, the forced eviction order or the renewal of the status of stay can be denied if the suspended sentence is sentenced, and the defendant's family relation and the process of agreement, etc. are obviously social ties, and thus, the risk of re-offending is obviously low.

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