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(영문) 수원지방법원 2017.08.24 2017고단4153
특수상해등
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

1. On May 1, 2017, at around 17:00, the Defendant suffered from a special injury: (a) the victim C(47 years) and alcohol in the “cafeteria” located in Osan City B; (b) and (c) the victim’s head was in dispute with each other; (d) the victim’s head was in dispute with each other; and (e) the victim’s head was in one time, and the victim’s head was fluor, and the victim’s head was fluor, thereby making it impossible for the victim to know the number of days of treatment.

2. On May 1, 2017, the injured Defendant: (a) reported that the victimized person who was receiving hospital treatment in front of the above restaurant “cafeteria” had a dispute with the Defendant’s female-friendly job offering D; and (b) caused injury to the injured person, such as a brush, which requires medical treatment for 28 days, by making it difficult to see that he/she had a part of the victim’s his/her entrance, once by hand.

Summary of Evidence

1. Statement by the defendant in court;

1. Two-time suspect examination protocol against the accused (including the statement of C);

1. A protocol concerning the interrogation of suspect C by the police;

1. On-site photographs;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Relevant legal provisions of the Criminal Act, Articles 258-2 (1), 257 (1) (a point of special injury) of the Criminal Act concerning facts constituting an offense, and Article 257 (1) of the Criminal Act (a point of injury and choice of imprisonment with prison labor);

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Order to Attend a lecture is that the defendant was the victim, who is a dangerous object, and the head of the victim's body was placed at the time of the victim's hair, and thereby, the victim's injury, such as the victim's injury by taking care of the hospital, is caused by the victim's injury, such as the method and content of the crime, the danger of the crime, etc., and the defendant's liability is not less than that of the crime.

However, the defendant reflects the mistake, the defendant has no record of punishment for the same kind of crime, and there is no record of criminal punishment exceeding the fine, and the fact that the defendant agreed with the victim smoothly is considered as favorable circumstances.

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