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(영문) 수원지방법원 2016.08.25 2016고단2599
특수상해
Text

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

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

On March 28, 2016, the Defendant 17:44 around 17:4, and around 17:44, and around 2 weeks of the victim D (45) and drinking alcohol, and had a dispute with the victim with the victim, while the victim was suffering from her mother and the head of the defendant, she gets off her mother and her head, and she was 500cc bec bec bec beck and her head was 50cc bec bec beck and her head was her head at about two weeks of treatment for the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of D;

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

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

1. The reason for sentencing under Article 62-2 of the Criminal Act and Article 62-2 of the Social Service Order Act was that the defendant inflicted an injury upon the victim's head by beer with beer balance. In light of the content, method, etc. of the crime in this case, the nature of the crime in this case is not somewhat weak.

In addition, the fact that the defendant did not receive a letter from the injured party until now is disadvantageous to the defendant.

However, taking into account the fact that the defendant's mistake is recognized and against the defendant, and that there is no record of punishment beyond the fine prior to this case, etc., the court shall make a decision as ordered by taking into account the following factors: the background leading to the crime of this case, the degree of injury to the victim, the defendant's age, sexual behavior, family relation, etc., and all of the sentencing conditions shown in the theory

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