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(영문) 수원지방법원 2018.08.10 2018고단504
특수상해
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

On January 15, 2018, the Defendant: (a) around 07:00, at the “C main store” located in Suwon-si, Suwon-si, Suwon-si, the Defendant called that drinking would not occur under the influence of alcohol, and (b) the victim’s face part is 1 time per week by drinking, and (c) the victim’s face part was collected, which is a dangerous object on the tables, and caused the victim’s injury to the treatment of the number of days by putting back one part of the victim’s full sturg.

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. A damaged photograph;

1. Application of Acts and subordinate statutes to photographs by cutting off on-site CCTVs;

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 mitigation of amount (see, e.g., “a favorable condition” among the following grounds for sentencing)

1. On the grounds of sentencing under Article 62(1) of the Criminal Act, the sentence shall be determined as ordered in full view of all the sentencing conditions as indicated in the instant case, including the following circumstances, Defendant’s age, sexual conduct, environment, background and result of the instant crime, and the circumstances after the instant crime.

The favorable circumstances: The fact that one's mistake is divided and reflected, the fact that the injured person does not want to be punished by the defendant, the fact that the injured person does not have any record of punishment for the same kind of crime: The fact that the injured person is committed with a dangerous object, and the fact that there is no record of punishment for the same crime: the fact that the crime is not good in light of the method of crime,

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