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(영문) 수원지방법원 여주지원 2019.01.11 2018고단948
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

On August 30, 2018, around 05:40 on August 30, 2018, the Defendant: (a) laid down a small-scale bottle, which is a dangerous object located on the floor, on the ground that the Defendant was shouldered by the victim D (the 55 years of age) who is a workplace partner in the B building C, and caused bodily injury to the victim, such as a two-way open room, where medical treatment for about 14 days is required.

Summary of Evidence

1. Defendant's legal statement;

1. On-site photographs;

1. Statement of D;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Article 257 (1) of the Criminal Act applicable to the crime;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Social Services Criminal Act;

1. 6 months to 2 years (basic areas) from the scope of recommendations;

2. The favorable circumstances shall be taken into account, such as the fact that the decision of sentence is committed and that there is no penalty exceeding the fine.

However, the fact that the crime of this case was committed in the minor motive, the danger of behavior is not small, the victim appears to move his workplace to another place due to this case, and the fact that the victim did not agree with the victim, etc. shall be considered disadvantageously.

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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