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(영문) 수원지방법원 평택지원 2016.07.14 2016고단392
특수상해
Text

A defendant shall be punished by imprisonment for not less than eight 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 February 9, 2016, the Defendant, on the first floor E of Pyeongtaek-si D Building 20:48, without any justifiable reason, went through a dangerous article for a victim F (45 years old) to whom alcohol was performed on other tables, and caused the victim to shoulder beer’s disease before the victim, and caused the victim’s injury that could not be known of the number of days of treatment.

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

Summary of Evidence

1. Statement by the defendant in court;

1. A statement of F and G;

1. On-site and damaged photographs;

1. Application of Acts and subordinate statutes to a report on investigation (or a relative investigation of friendly H);

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 reason for sentencing under Article 62-2 of the Criminal Act of the community service order committed an act of inflicting an injury upon a person with beer under the influence of alcohol even though the defendant had a record of punishment due to a crime of bodily injury, interference with duties, etc.

On the other hand, the sentence shall be determined as per the disposition in consideration of the fact that the degree of injury suffered by the victim is not more severe, that the victim has agreed smoothly with the victim, and that there is no previous conviction exceeding the fine.

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