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(영문) 수원지방법원 2019.01.29 2018고단7285
특수상해
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

At around 14:38 December 9, 2018, the Defendant discovered that the Victim C (65 years of age) was seated on the boom B, which was a restaurant located on the second floor of Suwon-si B, Suwon-si, and that the victim had a scood relationship with the Defendant’s wife in the past, and caused the Defendant’s failure, on the ground that the victim does not immediately drink the Defendant, even though the Defendant had a scood relationship with the scood, but the Defendant scood the scoo (10cm in total length, 23.5cm, 10cm in blade) of dangerous things in the scoods, scood, and scood the scood on the part of the victim’s left part, and caused damage to the scood scood and the scood scoods, which require an open treatment for the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. The police seizure record and the list of seizure;

1. A investigative report (No. 2 No. 5 of the evidence list), each photograph, and field CCTV CD;

1. Application of Acts and subordinate statutes of a medical certificate;

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

1. Article 62 (1) of the Criminal Act;

1. Probation under Article 62-2 of the Criminal Act;

1. Reasons for sentencing under Article 48(1)1 of the Confiscation Criminal Act [Scope of Recommendation] Special Injury, Bodi Bodily Injury: Type 1 (Special Bodily Injury: In the basic area (6-2 years): The person who is under special mitigation of punishment: the motive for the commission of the crime (in a case where he committed the crime at the time of retaliation or reduction of punishment against the victim) (the decision of sentence] The crime of this case is committed by the defendant toward the part of the victim, and is highly dangerous as it inflicts an injury on the victim by displaying the knife toward the part of the victim.

However, it appears that the defendant recognized the crime of this case and divided his mistake, that the defendant does not want the punishment of the defendant under the agreement with the victim, and that the defendant has an opportunity to reflect to a certain extent through a prison life for not less than one month due to this case.

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