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(영문) 수원지방법원 평택지원 2018.11.15 2018고단858 (1)
특수상해
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant and the victim B(35) are people working together with the "D" company in Ansan-si C.

On March 28, 2018, the Defendant: (a) around 23:20 on May 28, 2018, on the ground that the victim B, who was a ship in the new apartment complex, was in bad working attitude in the company B around the waste collection site in the new apartment complex, had the victim’s face taken once, and had the victim’s head and shoulder taken one time with a dangerous thing, and had the victim’s head and shoulder taken two parts of the number of days of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect B of the police;

1. Application of statutes on site photographs;

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. The sentence identical to the order shall be determined by comprehensively taking into account the following conditions of sentencing under Article 62(1) of the Criminal Act, including the Defendant’s age, occupation, sex, family relationship, and the circumstances before and after the commission of the crime.

- The nature of the crime of this case does not correspond to those of the victim, provided, however, that the defendant has agreed with the victim; - there is no history of any other criminal punishment exceeding the fine; - The defendant is against his fault.

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