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(영문) 수원지방법원 성남지원 2017.02.10 2016고단3563
특수상해
Text

A defendant shall be punished by imprisonment for 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 August 24, 2016, the Defendant: (a) around 23:30 on 24 August 24, 2016, at the Sungnam-si, “C cafeteria: (b) the victim D at the restaurant, “In the restaurant, the victim D,” was at the victim’s seat, who was a dangerous object on the table, and was faced with the victim’s face. In other words, the Defendant was at the victim’s seat.

As a result, the Defendant inflicted an injury on the victim during the period of approximately 29 days in order to prevent the need for treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes of each injury diagnosis letter;

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

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. A suspended sentence under Article 62(1) of the Criminal Act (refluence of favorable circumstances among the reasons for sentencing) provides that the degree of the superior position suffered by the victim of the reason for sentencing is not mitigated, considering the favorable circumstances, such as the recognition of and reflect on the crime, the smooth agreement with the victim, and the primary offender, etc., and the defendant’s age, sex behavior, environment, motive and circumstance of the crime, and the circumstances after the crime, etc., shall be determined as per the disposition, taking into account the favorable circumstances.

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