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(영문) 수원지방법원 2020.08.28 2020고단3357
특수상해
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

Around 02:05 on April 17, 2020, the Defendant: (a) under the influence of alcohol, at “C” located in Suwon-si B and II, the Defendant threatened the victim with a two-way disease, where he was under the influence of alcohol, with the victim D (Nam, 37 years of age) and alcohol, who had been under the influence of alcohol.

After unloading a two-way disease, the Defendant: (a) laid off the disease of the victim; (b) laid down the disease of the victim with a shoulderer, which is a dangerous object, by breaking the victim; (c) laid down the disease of the victim; and (d) laid the victim’s face with a shoulderer who is on the part of the victim.

As a result, the defendant carried dangerous things and put the victim into a chin, where it is impossible to know the days of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Statement of D police statement;

1. E statements;

1. Application of the Acts and subordinate statutes to CCTV images on the wall of violence;

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 on the grounds of sentencing under Article 62(1) of the Criminal Act is a crime of this case on the grounds of suspended sentence under Article 62(1) of the Criminal Act, where the defendant threatens the victim with the two-way illness without any reason, and decrisons the face of the victim by destroying beer disease, and there is no reason to consider the motive of the crime, and the degree of violence and damage is serious, but the defendant is so obsible that the defendant is led to confession and the victim does not want

In such circumstances, the defendant's age, character and conduct, intelligence and environment, relationship with the victim, motive, means and consequence of the crime, and the circumstances after the crime are committed shall be determined as ordered in consideration of all the sentencing circumstances.

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