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(영문) 수원지방법원 성남지원 2017.08.11 2017고단789
특수상해
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On December 26, 2016, at around 09:30, the Defendant, at around 09:30, was taking advantage of beer glass at the beer disease in front of 303 Dong-gu, Seongbuk-gu, Sungnam-si, Sungnam-si, the Defendant brought a large amount of interest in other locations (71 years of age) of the victim D (71) who is a security guard at the place where the security guard was located, and was suspected of being discarded to the waste separation and removal site, and brought about a serious dispute with the victim.

The Defendant, which is a dangerous thing boomed by the Defendant, pushed the victim’s injury with beer and beer, and continuously charged with beer and beer’s injury once with beer and beer’s injury.

Accordingly, the defendant carried dangerous things with the victim, who is in need of approximately three weeks of medical treatment, and tried to recover the baby from the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. A medical certificate of injury and a photograph of damaged parts;

1. In the investigation report (to listen to the statement by a wooden E phone), the defendant and his defense counsel asserts to the effect that the defendant's scam part of the victim's shoulder by beer's disease was not closely harming the victim's entrance due to beer's disease or beer's disease.

However, the following circumstances acknowledged by the evidence duly adopted and investigated by this court, namely, ① the credibility of the victim witness D’s statement is high because it is very specific and consistent; ② no other circumstance exists to the victim, other than the Defendant’s assault, and ③ the victim made the above statements with the intent to harm the Defendant otherwise.

Considering that there is no extenuating circumstance, the above argument between the defendant and his defense counsel is without merit.

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

1. The reason for sentencing under Article 62(1) of the Criminal Act (the following favorable circumstances) is that the Defendant inflicted an injury on the victim due to beer and beer who is a dangerous thing, and the motive, circumstance, etc. of the instant crime shall be considered.

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