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(영문) 수원지방법원 2019.07.19 2019고단941
특수상해등
Text

Defendant

A shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

At around 12:50 on December 6, 2018, A, at the site of the 4th apartment of Yeongdeungpo-gu, Suwon-gu, Suwon-si, the defendant laid the plastic gate at the site of the 4th floor where wastes are collected, and the victim D (the age of 52) who was the fluor B of the fighting with B while the defendant laid the plastic gate at the place where the b was fighting with B, the victim D (the age of 52) who was the fluor of B was fluor, was fluored, and the victim's fighting was fluord by hand and was fluored with any dangerous object that was in the vicinity of the fluor, and caused the victim

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

Summary of Evidence

1. Defendant's legal statement;

1. Protocol concerning the examination of suspect B;

1. Statement of police statement of D or E;

1. Application of the photographic Acts and subordinate statutes;

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 for discretionary mitigation;

1. The crime of this case with the reason for sentencing under Article 62(1) of the Criminal Act on the suspension of execution is one of the following crimes: (a) the victim at which the defendant A fighting was fighting, who sleeped each item of the victim, thereby causing a sleep, and thus, the nature of the crime is not good in light

However, the above punishment shall be determined by taking into account the following factors: (a) the defendant's confession is against the defendant; (b) the defendant has no criminal records related to violence except for the previous convictions due to the crime of injury on September 14, 2007; (c) the defendant's age, character and conduct, intelligence and environment; (d) relationship with the victim; and (e) circumstances after the crime

Public Prosecution Rejection Parts

1. Facts charged;

A. On December 6, 2018, Defendant B: (a) around 12:50, at the site of the 4th floor underground floor of the Seocho-gu Suwon-gu Seoul Metropolitan City apartment complex; (b) at the place where the Defendant collected garbage, the victim A (64 years old) went into a trial with plastic candles, and used violence to the victim’s face by cutting the breath, fasting the breath of the victim’s candles, cutting down the breath, and cutting it into drinking.

B. Defendant A was the victim on the foregoing date, time, and place, and became the victim for the foregoing reason.

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