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(영문) 수원지방법원 2019.10.31 2019고단4400
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 02:20 on June 27, 2019, the Defendant suffered injury to the victim, i.e., throgate ( approximately 20cm in length, approximately 20cm in length, about 20cm in length) that was a dangerous object while working in the flood and vision of the victim C(24 years of age) and fighting. The Defendant inflicted an injury on the victim, i.e., e., brain dynasium, satis, satis, etc. requiring medical treatment for 14 days.

Summary of Evidence

1. Defendant's legal statement;

1. C police statement;

1. A medical certificate;

1. Application of the Acts and subordinate statutes to photographs of damaged parts of the victim, on-site photographs and news photos;

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

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [Scope of Recommendation] : Type 1 (Special Bodily Injury and Bodily Bodily Injury) (Special Bodily Injury) and the mitigated area (one year) as a special mitigation (one year) under the law: The suspended sentence [decision of the sentenced sentence] is not appropriate for the crime of this case to be committed by the defendant as a dangerous article and causing an injury.

However, the punishment as ordered shall be determined in consideration of the fact that the defendant's mistake is recognized and reflected, the motive of the crime, the degree of injury, and the fact that the victim does not want the punishment of the defendant.

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