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(영문) 서울남부지방법원 2019.01.31 2018고단6283

특수상해

Text

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

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

Reasons

Punishment of the crime

At around 13:00 on April 2, 2018, the Defendant: (a) while drinking alcohol as the victim C (year 54) on the second floor of Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, Seoul; (b) however, on the ground that the victim tolds that he was not well aware of how the victim was able to do so; (c) on the ground that the victim was able to do so, the Defendant her math of ma, the chest was a small-scale patient, which is a dangerous and dangerous object, laid the victim’s right-hand eye, and led the victim to an unfortu of treatment days around the victim’s eye.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. A damaged photograph;

1. Application of Acts and subordinate statutes on report on internal accidents and telephone communications;

1. Articles 258-2 (1) and 257 (1) of the Criminal Act (limited to imprisonment with prison labor in a legal form) concerning the facts constituting an offense;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Where the sentencing criteria (Scope of recommendations) [Article 1-type (4-1 year), the mitigation area (including special mitigation), the penalty not (including serious efforts to recover damage), or considerable part of damage has been recovered;

1. Determination of sentence shall be made by taking into comprehensive account the details and means of the crime committed, the degree of damage, the background of the occurrence of the crime, the fact that the defendant has agreed to pay three million won to the victim, the defendant has no criminal record, the age, character and conduct and environment of the defendant, etc.;