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(영문) 서울중앙지방법원 2016.05.17 2016고단1399

특수상해

Text

A defendant shall be punished by imprisonment for six 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 February 12, 2016, the Defendant calculated alcoholic beverages in a “D” restaurant located in Gangnam-gu Seoul, Gangnam-gu, Seoul on February 12, 2016, on the ground that the Victim E (V, 31 years old) who was on a different table of table (hereinafter referred to as the “D”) is slicking, it is too difficult for the Victim E (V, 31 years old) to do so.

As stated in the phrase “F, the victim’s day-to-day mobile phone taken the form of the defendant.”

Therefore, the Defendant again demanded to erase the victim from entering a restaurant and taking a photograph for the victim's driving. However, the Defendant, upon considering the victim's math and face, sent me to the victim about two weeks of medical treatment on the ground of the victim's math and face which is a dangerous object that the victim's refusal of driving.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A written statement;

1. A written diagnosis of injury;

1. Application of field photographs and statutes on suspect E-damage photographs;

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 Social Service Order Criminal Act is very poor in light of the form of the instant crime, the degree and degree of injury, etc.

However, the following are considered as favorable circumstances for the defendant: (a) the fact that the defendant recognized all the facts of the crime of this case; (b) the defendant commits the crime of this case in a drunken and contingent manner; (c) the victim did not want to be punished by the defendant; and (d) the first offender who has no record of criminal punishment in the past is the first offender who has no record of criminal punishment; and (c) the defendant's age, sex, sex, environment, health conditions, family relationship, relationship with the victim; (d) motive, means and consequence of the crime; and (e) the various conditions of sentencing specified in the records and arguments of this case, such as the circumstances after the crime,