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(영문) 수원지방법원 2018.06.08 2018고단1463
특수상해
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 06:10 on February 25, 2018, the Defendant, at a restaurant located in the construction site of the apartment complex B in Osan City, brought an injury to the victim, such as an open two-time head, who is in need of treatment for about two weeks, after having a dispute with the victim C ( South Korea, 49 years old) about his or her drinking place in the past drinking place, while gathering plastic chairs, which is a dangerous thing that he or she has brought about, and was able to bring an injury to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Data on photographs of damaged parts of the victim;

1. Photographs and photographic materials of the person who intends to use violence;

1. Application of the legislation in its opinion;

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 for mitigation of amount (see, e.g., “a favorable condition” among the following grounds for sentencing)

1. On the grounds of sentencing under Article 62(1) of the Criminal Act, the sentence shall be determined as ordered in full view of all the sentencing conditions as indicated in the instant case, including the following circumstances, Defendant’s age, sexual conduct, environment, background and result of the instant crime, and the circumstances after the instant crime.

The favorable circumstances: The fact that one's mistake is divided and reflected, the fact that the injured person does not want to be punished by the defendant, the fact that the injured person does not have any record of punishment for the same kind of crime: The fact that the nature of the crime is not easy in light of the method of crime, such as when the injured person is a dangerous plastic figure.

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