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(영문) 수원지방법원 평택지원 2016.04.29 2016고단331
특수상해
Text

A defendant shall be punished by imprisonment for not less than eight 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 February 23, 2016, the Defendant: (a) around 19:00, around Pyeongtaek-si B 105, and (b) while drinking with the victim C (47 tax) on the ground that the victim acted without a brush, the Defendant suffered bodily injury that the number of days of treatment cannot be known to the victim by making one-time prices on the part of the head of the victim, based on an empty small-scale disease, which is a dangerous object at which the victim was living without a brush.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against the victim;

1. A witness's statement;

1. Application of statutes on field photographs;

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. Grounds for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on the Protection, Observation, etc. of Social Service Orders and the observation of protection;

1. The scope of punishment by sentence: Imprisonment for six months to five years;

1. Determination of types: Type 1 from among the groups of habitual injuries, repeated injuries, and special injuries;

1. Special sentencing factors: Ineligible factors for punishment;

1. Scope of recommended punishment: Imprisonment with prison labor for one year and six months to two years (the area of mitigation of type 1);

1. A suspended sentence: positive - Ineligible for punishment, the result of an unexpected injury, contingent crimes, and serious reflect;

1. Determination of sentence: Imprisonment with prison labor for not less than eight months, two years of suspended sentence - All the circumstances as seen earlier, and motive and circumstances leading to the crime, circumstances after the crime, criminal records, and other circumstances, such as the age, conduct of sex, intelligence, environment, etc., shall be judged as ordered;

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