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(영문) 수원지방법원 2019.08.27 2019고단2978
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 May 1, 2019, the Defendant, at a nearby “C” restaurant operated by the Victim B (L, 43 years old), who was a person with a new wall, had a humbling dispute with the victim on the ground that the Defendant had a humbling with the victim while drinking together with the victim and D.

At around 07:40 on May 1, 2019, the Defendant continued to obtain a call from the victim to be operated by him/her at the above location, and continued to go through a “C” for the operation of the victim in the wife population E, as seen above, the Defendant saw the form of the victim who suffered from the loss of her horse or dispute with him/her at the above location, and caused the victim to go on the floor of 20 beer residues in the air conditioners, and caused the damage to the victim, such as an open wound, which is a dangerous object that had come far away from the body of the victim, on two occasions.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Application of Acts and subordinate statutes prior to handling an injury certificate and 112 Declarations;

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 discretionary mitigation;

1. On the grounds of sentencing under Article 62(1) of the Criminal Act, the sentence shall be determined as ordered in consideration of all the sentencing conditions shown in the pleadings of the instant case, including the Defendant’s age, character and conduct, environment, circumstances surrounding the crime, and circumstances after the crime.

D. Unfavorable circumstances: The crime of this case is highly dangerous in light of the means and methods of the act by the defendant's head of the victim's head by the click Macck World.

The favorable circumstances: The confession of crime and the mistake are against the law.

The degree of injury suffered by the victim is not much serious.

The defendant was the first offender who had no criminal record, and the victim was finally agreed in the course of the investigation.

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