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(영문) 의정부지방법원 고양지원 2021.01.29 2020고단2700
특수상해
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 30, 2020, the Defendant, at the main point of "C" located in Pariju City B on August 23:30, 2020, followed by a dispute with the victim D ( South Korea, 54 years old). The Defendant: (a) deducted a shoulder glass view, which is a dangerous object used by the victim in his/her hand; (b) deducted the victim from his/her hand; (c) took the part of the victim's left part of the part of the victim's eye, one time.

As a result, the defendant carried dangerous things and inflicted injury on the victim, such as the victim's injury of the unclaimed clothes.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of CCTV-related Acts and subordinate statutes;

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

1. In light of the following: (a) the probationary observation of Article 62(1) of the Criminal Act on the grounds of sentencing under Article 62(1) of the Criminal Act; (b) the content and method of the offense for sentencing under Article 62-2 of the Criminal Act; and (c) the accused’s criminal records and several times of violence and several times, the Defendant’s criminal liability is not exceptionally imposed; (d) the victim does not want to be punished; (e) the victim does not want to be punished; (e) there are circumstances that may be taken into account in the course of the offense; and (e) the fact that there is no criminal record, which appears to be a contingent crime; and (e) the Defendant’s age, sex, health conditions; (e) family relationship;

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