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(영문) 수원지방법원 2020.11.12 2020고단5935
특수상해
Text

A defendant shall be punished by imprisonment for not less than eight months.

Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment became final.

Reasons

Punishment of the crime

The defendant and the victim B ( South, 57 years old) are relatives of friendship.

At around 02:12 on July 7, 2020, the Defendant, at the time of Suwon-si C and the first floor, had a saw ( approximately 68 cm in total length, approximately 30 cm in length on the day) which was dangerous in the room on the ground that the Defendant had a dispute over the nature of the victim while drinking with the victim at the ward, and had a saw that the victim could not know the number of days of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. B written statements;

1. Application of saw photographs, photographs of upper parts and the Acts and subordinate statutes;

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. The suspended sentence of Article 62(1) of the Criminal Act, which is a dangerous object for sentencing, is a good to commit a crime, such as a saw, which may lead to a large amount of injury, if any;

However, considering the fact that the defendant's mistake is recognized and reflected, the degree of damage is not severe and the victim does not want the punishment of the defendant, the punishment shall be determined as ordered by taking into account all the sentencing conditions shown in pleadings, such as the criminal records, age, circumstances of the case and circumstances after the crime.

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