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(영문) 수원지방법원 2018.06.25 2018고단2184
특수상해
Text

A defendant shall be punished by imprisonment for one year.

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 December 28, 2017, the Defendant: (a) around 18:27, at a 'D' restaurant located in Suwon-si, Suwon-si, Suwon-si, the Defendant sent back the victim’s head one time to a small-scale patient who was not adequate for appraisal at ordinary times, who was a dangerous object that was located on the upper part of the table in which the water was stored on the upper part of the table; (b) then, the victim’s head was cut back once again by gathering another small-scale disease, and then caused injury, such as cerebrum in need of treatment for about three weeks to the victim when the victim’s face was taken one time by drinking.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Investigation report (Submission of a medical certificate of injury);

1. A damaged photograph;

1. Application of Acts and subordinate statutes to a report on investigation (Attachment to field CCTV images);

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 suspended execution;

1. The reason for sentencing under Article 62-2(1) of the Social Service Order Criminal Act and Article 59 of the Act on the Observation, etc. of Protection, etc. is that the Defendant was unable to engage in long-term labor by suffering significant injuries, such as cerebral lein, etc., even though the method of crime is very dangerous, and even if the victim’s credit is not severe, the victim engaged in daily work was unable to engage in long-term labor.

Even if so, the defendant did not receive a petition from the victim or recover the damage.

Even before the instant case, even though the Defendant was punished five times by a fine for a crime related to violence and insult, the Defendant committed the instant crime. However, the victim also had a significant aspect of dispute, such as the victim’s physical illness, etc.

The victim's injury is serious;

It is difficult to say that the victim is currently engaged in the business.

Defendant appears to have committed the instant crime contingently.

In addition, the defendant's age, sex, and crime.

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