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(영문) 수원지방법원 2018.04.10 2017고단8030
특수상해
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The defendant and the victim C(56 years) are between Dong four.

On November 16, 2017, the Defendant, at the office of “E” located in the wife population D, who had a dispute with six victims, etc. and drinking as a matter of the name of the victim and the ship ship, brought about a self-defension of the face of the victim due to a shouldered softener disease, whose treatment period cannot be known to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Reports on internal investigation and photographs of the place of occurrence;

1. Application of Acts and subordinate statutes to photographs of inflicting bodily injury on a victim;

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

1. The crime of this case on the grounds of sentencing under Article 53 and Article 55 (1) 3 of the Act on the Mitigation of Small Quantity Reduction and Punishment is merely a studio disease for the reason that the defendant is merely a studio disease, and the crime of this case is not less severe, but more dangerous in that the crime of this case is likely to cause a serious loss of human life, and the degree of injury of the victim is not less severe, and thus, the defendant needs to be subject to strict punishment.

However, in light of various circumstances, such as the defendant's recognition of the crime of this case and his mistake, the defendant appears to have committed the crime of this case by contingency under the influence of alcohol, the defendant's consent to the crime of this case does not want the punishment of the victim, and the defendant's age, sex, environment, relationship with the victim, motive, means and consequence of the crime, etc., the punishment as ordered shall be determined by taking into account the various circumstances that form the conditions for sentencing indicated in the record, such as the defendant's age, sex, environment

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