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(영문) 수원지방법원 여주지원 2016.06.01 2016고단227
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

around 04:45 on December 30, 2015, the Defendant brought a dispute with the victim D (20 Does) and his behaviors on the front side of the “C cafeteria” in Sjuju City B.

Defendant’s conduct to the injured party “B, W, W, L, L, L, L, L, L, L, L, L, L.

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“A standing signboard (40 cm x 100 cm x 5 cm) which is a dangerous object from a deceased rash’s rash (40 cm x 5 cm) and was placed one time on the part of the victim’s entrance, and a part on the part of the victim’s left knife (14.5 cm in length) which is a dangerous object.

As a result, the defendant carried dangerous objects and carried them about two weeks of treatment, and put up the face side in need of treatment.

Summary of Evidence

1. Statement by the defendant in court;

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

1. A criminal investigation report (Attachment of suspect D diagnosis certificate);

1. Application of the Acts and subordinate statutes to photographs (exploited articles, signboards and suspects);

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 48(1)1 of the Confiscation Criminal Act does not mean that the nature of the crime of this case is less severe, and the defendant has been subject to punishment several times including the same kind of crime. However, the injured person is not relatively more severe, and the injured person does not want the punishment of the defendant, and the sentence like the order shall be imposed in consideration of the circumstances where the victim does not want the punishment of the defendant

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