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(영문) 서울남부지방법원 2019.07.12 2019고단672

특수상해

Text

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

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 25, 2018, at around 02:00, the Defendant, as a dangerous object, returned to the new wall without telephone because the victim D, who is the spouse in the Yeongdeungpo-gu Seoul Metropolitan Government building B building C, was sprinks, etc., and returned to the new wall without telephone, caused the victim’s bucks, etc., and caused the victim to be spucked in the side spucks where the number of treatment days cannot be known.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Application of the Acts and subordinate statutes to photographs of damaged victims, and third class photographs used for committing the crime;

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

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following favorable circumstances):

1. Circumstances unfavorable to the reasons for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the following favorable circumstances): The act of causing injury to the victim in the course of making bucks, bucks, etc. and the side gucks, etc. of dangerous things, is heavy; and

(k) A favorable circumstances: The victim expresses his/her intention not to want the punishment of the defendant, the accused reflects his/her acknowledgement of the crime, and the accused has no record of any other crime or any other crime of the same kind other than those punished by a fine twice due to the violation of the Road Traffic Act;

A. Determination of sentence: (a) Determination of sentence shall be made to suspend the execution of the sentence only once, taking into account all the circumstances regarding the sentencing prescribed in Article 51 of the Criminal Act, such as the above circumstances and the Defendant’s age, character and conduct, environment, criminal records, and circumstances after the commission of the crime; and (b)