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(영문) 수원지방법원 여주지원 2020.05.08 2020고단462
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 becomes final and conclusive.

Reasons

Punishment of the crime

The defendant and the victim B ( South, 42 years old) are geographical relationships.

At around 07:00 on February 19, 2020, the Defendant: (a) while drinking alcohol with the victim at the victim’s house located in Leecheon-si CFD, the Defendant: (b) took a mobile game with his mobile phone; (c) mispercing the victim’s bath; (d) mispercing the victim’s desire to do so; and (c) fluoral disease of glass material, which is a dangerous thing that he had taken place, caused the victim’s face to his hand; and (d) putting the victim’s injury to the victim, such as open address of the head unknown for about 2 weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. The statement concerning B;

1. Application of Acts and subordinate statutes to report on investigation (Submission of a medical certificate to a victim B);

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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. 4 months to 1 year from the scope of the recommendation (not subject to punishment);

2. Determination form of sentence, the fact that the power of the same kind of crime can be exercised, etc. shall be considered disadvantageous circumstances, but consideration shall be given to the urgency and reflect, the fact that it is agreed with the victim, etc. in favorable circumstances;

In this regard, all the sentencing conditions under Article 51 of the Criminal Act, such as the defendant's age, character, behavior and environment, are determined as above.

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