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(영문) 수원지방법원 2018.03.27 2017고단4186
특수상해
Text

A defendant shall be punished by imprisonment for not less than eight 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

On May 15, 2017, the Defendant, at around 15:50 on May 15, 2017, sent the victim D (n, 28 years old), etc. one time with the Bag belt (m, 105cm in length) which is a dangerous object cited in the street in front of the “convenience store” located in Suwon-si, Suwon-si, Suwon-si, without any justifiable reason, and the victim “hydhh”

After putting a bamboo belt cited as "assumpted by the victim," the victim's left cover and left cover was sold by a metal tamp attached to the upper part of the above hack belt, and the victim was sprinked with the left part of the cover and the part part and the arms, etc. where the number of days of treatment cannot be known to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Photographs of the scene of damage, photographs of criminal tools, and parts and photographs of the victim's injury;

1. Application of statutes in a statement of intention;

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

1. Article 10(2), Article 10(1), and Article 55(1)3 of the Criminal Act to mitigate mental and physical weakness;

1. Based on the reasons for sentencing under Article 62(1) of the Criminal Act ( favorable circumstances among the reasons for sentencing), the sentencing conditions as set forth in the instant trial process, including the Defendant’s age, sex, family relation, family environment, motive and means of the crime, and circumstances after the crime, shall be determined by taking into account the following circumstances.

A favorable circumstance: The fact that the defendant appears to be a crime due to the mental illness suffering by the defendant, and that there is no record of punishment in the Republic of Korea: The fact that there is a high risk of the crime of this case by assaulting the victim who was suffering by dangerous objects without any reason, and the fact that the damage has not been recovered.

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