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(영문) 수원지방법원 성남지원 2017.06.14 2017고단801
특수상해
Text

A defendant shall be punished by imprisonment for one year.

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 March 7, 2017, the Defendant listened to the victim E (n, 53 years old) (n, 53 years old) who had not been given appraisal to the Defendant while drinking alcohol at the D main points operated by C in Sungnam-si A around 21:0 on March 7, 2017, and sought to talk about the Defendant, and he also made a bad speech to C, and he also saw, “I shall shot up, do so, she must do so, she must do so, she must do so, she must do so, and she must do so, which is a dangerous object.” On the other hand, the Defendant continued to get back the head of the victim and the head of the victim, she gets off the victim's chest due to drinking, and she gets out the victim with approximately two weeks of brain treatment.”

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to photographs, such as a medical certificate of injury, investigation report, victim and scene;

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 on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Prosecutor’s opinion - One year of imprisonment;

2. Determination of sentence - Determination of sentence - Determination of sentence - the degree of danger of the tool that the defendant committed for one year of imprisonment, two years of suspended sentence, considering the confession of the defendant, the fact that the victim is not willing to be punished against the defendant, etc. Considering the favorable circumstances, the defendant’s age, sex, environment, motive, means and consequence of the crime, etc. shall be determined by comprehensively taking into account various sentencing conditions under Article 51 of the Criminal Act, such as the circumstances after the crime, etc., and the execution of the sentence shall be suspended.

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