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(영문) 수원지방법원 안산지원 2017.05.12 2016고단4702
특수상해
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On December 14, 2016, the Defendant was sentenced to a suspended sentence of two years and a fine of one million won on December 22, 2016, for the crime of assault, etc. in the support of Suwon Friwon, and the judgment was finalized on December 22, 2016.

On November 19, 2016, the Defendant: (a) on the first floor of the building located in Ansan-si, the first floor of the building located in Ansan-si, the Defendant: (b) 11:00 on November 19, 2016, considered the victim C (here, 89 years old) going back to and runs away from the corridor; and (c) did not turn on the way between the victim and the victim; and (d) in this process, the Defendant was so far as it is so far as the Defendant would be vadi, thereby making it difficult for the victim to do so.

"A dangerous object, which has been cited as a bath, has been damaged by the victim's body and the body of the victim when the victim's body and the upper body were sold for about five weeks, resulting in the victim's injury of the closed frame at the bottom of the right frame.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A medical certificate;

1. A photo of the damaged part;

1. Previous convictions: Application of Acts and subordinate statutes to refer to inquiries, such as criminal history, and report on investigation (report on attachment of the text of the judgment and confirmation date);

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

1. Article 37 of the Criminal Act to treat concurrent crimes and mitigate mitigation thereof: Provided, That Article 39 (1) shall apply;

1. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act include: (a) the Defendant recognized and reflects the instant crime; (b) the Defendant is making it difficult for him/her to neglect without any particular hospitalization; and (c) the Defendant was diagnosed with respect to alcohol; and (d) the instant crime was committed under the influence of alcohol.

However, as stated in its reasoning, the Defendant abused a dangerous object, who is aged 89 years old, thereby causing serious injury, and did not make any effort to recover damage, such as an agreement with the victim.

B. There are two times of suspended sentence and several times of punishment due to violence crimes committed by ASEAN, and hospitalized treatment is several times of alcohol proof.

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