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(영문) 수원지방법원 2018.06.14 2018고단2192
특수상해
Text

A defendant shall be punished by imprisonment for six months.

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 April 6, 2018, at around 20:40, the Defendant: (a) in a restaurant of “C” in Suwon-si, Suwon-si, Suwon-si; (b) in the course of drinking alcohol together with the victim D (56) who is a workplace partner, the Defendant collected beer residues, which is a dangerous object on the table, and b) took the face of the victim once.

Accordingly, the defendant carried dangerous things with the victim, who is in need of medical treatment for about two weeks, and put the victim into a heat.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Reports on internal history, and damaged photographs;

1. 112 Notification to a department related to the report of the case;

1. Application of Acts and subordinate statutes of a medical certificate;

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 to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The crime of this case on the grounds of sentencing under Article 62-2 of the Criminal Act with regard to the order to provide community service and attend lectures is deemed to have been committed by the defendant when the defendant faces the victim's face due to beer, and the crime is not less and less dangerous, and the degree of the victim's injury is also minor;

It is not visible that the defendant has already been punished by a fine for seven times due to violent crimes and interference with business.

However, the defendant recognized the crime of this case and divided his mistake, and the defendant's punishment for the above 10 years or more has not received any specific punishment for the past 10 years or more, and there has not yet been any history of punishment for the suspension of execution or more, and the injured party does not want the punishment of the defendant by mutual consent with the victim, and other circumstances, such as the defendant's age, sex, environment, relationship with the victim, motive, means and consequence of the crime, etc., which are the conditions for sentencing as shown in the records, shall be determined as ordered, taking into account the various circumstances, such as the punishment of the defendant, and the circumstances after the crime.

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