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(영문) 서울북부지방법원 2016.05.18 2016고단715

특수상해

Text

A defendant shall be punished by imprisonment for one year.

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

The defendant is a person who operates a philosophical hall.

On November 08, 2015, the Defendant, at around 00:20 on November 08, 2015, “C” restaurant located in Dobong-gu Seoul Metropolitan Government, refers to the victim D (50 )’s philosophy, and should not see the victim’s “B’s tolerance.”

The degree of this is whether it is not a level to do so.

"" was a small-scale person who is a dangerous object on the ground of the occurrence of a chemical accident, and the victim's head was placed at one time and the two open measures requiring three weeks of care were taken.

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 concerning damaged parts and field photographs;

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

1. On the grounds of sentencing under Article 62(1) of the Criminal Act, the crime of this case on the grounds of sentencing under Article 62(1) of the suspended sentence is disadvantageous to the fact that the method of assault and the liability for the crime is not minor in light of the risk of assault.

On the other hand, the fact that the victim does not want the punishment of the defendant by agreement with the victim, the fact that the defendant and the victim committed a contingent crime while fighting the horses, and the degree of the injury suffered by the victim is not severe.

In the above circumstances, the sentencing conditions, such as the defendant's age, sex, environment, etc., shall be determined as per the order.