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(영문) 수원지방법원 2018.02.20 2018고단122
특수상해
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

As a ship of Chinese nationality, the defendant is staying in Korea as a ship of Chinese nationality (H2).

around 12:45 on January 2, 2018, the Defendant drinking together with the victim D (D, South Korea, 41 years of age, Chinese nationality) and a person living together with the victim D (D, 41 years of age, Chinese nationality) at the Defendant’s house of the Sinsung City building 301, when the victim under the influence of alcohol, took a bath for E while drinking the Defendant’s head, was divided into the hand floor to the rier of the Defendant’s head, and the Defendant’s head was cut off with the trile of the Defendant’s head, and used the trile of the Defendant’s head, which is a deadly weapon in the kitchen sing counter (20cm in length, the total length of 9cm) between the Defendant and the trile of the Defendant’s head, and added the victim’s trile to the part of the victim’s treatment days.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution with regard to D;

1. Statement made by the police for E;

1. Investigation report (the degree of injury of a victim);

1. A protocol of seizure and a list of seizure;

1. Application of the Acts and subordinate statutes on photographs, photographs, site photographs;

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

1. Article 62 (1) of the Criminal Act on the stay of execution (Article 62 (1) of the Criminal Act on the grounds of sentencing as follows);

1. The criminal liability of the defendant who inflicts an injury on the part of the victim by carrying over the excessive amount, which is a dangerous object with reason for sentencing under Article 48(1)1 of the Criminal Act, shall not be minor;

However, considering the facts that the defendant recognized his mistake and speaks against the defendant, that the victim does not want the punishment against the defendant, that the victim committed the crime of this case contingently at the end of the dispute with the victim, that is, the primary offender who has no criminal record at home, etc., in favor of the defendant, the punishment like the order shall be imposed by comprehensively taking into account the defendant's age, sexual conduct, environment, family relationship, motive and circumstance of the crime, and circumstances after the crime.

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