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수원지방법원 여주지원 2019.08.20 2019고단566
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

At around 10:50 on April 13, 2019, the Defendant: (a) was a victim C (manam, 41 years of age) and her drinking in the Defendant’s residence located in Ischeon-si B; (b) while having her horse or dispute with the victim, her chrony "I knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife.

Summary of Evidence

1. Defendant's legal statement;

1. Records of seizure and the list of seizure;

1. On-site photographs;

1. Application of the Act on the Statement of Evidence C

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. Article 62 (1) of the Criminal Act;

1. Taking into account unfavorable circumstances, such as the risk of the reason for sentencing under Article 48(1)1 of the Criminal Act, the risk of the attitude of conduct, and the fact that a criminal case was committed around around 2018 due to assault against the victim.

However, it is reasonable to consider the favorable circumstances, such as the fact that the defendant and the victim are aware of the fact that the victim is a kind of feasia that he knows, the fact that the drinking together with the victim is likely to lead to the crime of this case, and the fact that the victim does not want the punishment of the defendant.

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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